Representing Clients in Tribal Court
The attorneys at Blahnik, Prchal & Stoll are licensed to practice in various tribal courts in the State of Minnesota. Our firm regularly represents individuals in Shakopee Mdewakanton Sioux Community (SMSC) Tribal Court which is home to Mystic Lake Casino in Prior Lake. Our attorneys represent clients in Tribal Court in the areas of divorce, child custody, child support, child welfare proceedings, conservatorship proceedings, probate proceedings and other legal proceedings. Attorney Adam Blahnik is also licensed to practice law in the Prairie Island Tribal Court, which is home to Treasure Island Casino near Red Wing, Minnesota.
The Tribal Courts maintain their own sovereignty and have their own laws that govern all legal proceedings. These sets of laws are frequently referred to as their Domestic Relations Code. The Domestic Relations Code include substantive laws dealing with child custody, child support, spousal maintenance, division of property and how tribal per capita payments are characterized in the event of a divorce, along with a plethora of other matters. It is very important to know and understand these laws when involved in any legal proceedings in tribal court.
Our firm represents both members and non-members in these legal proceedings in tribal court. Issues can sometimes arise with a disparity of income as it pertains to the members and non-members involved in a divorce proceeding or other legal proceeding. With years of experience, our firm guides you through these and other issues that may arise during the legal proceedings.
Whether a particular tribe has jurisdiction over a particular legal matter and the individuals involved in the matter, or whether the State of Minnesota has jurisdiction over the matter and individuals can become a very complex legal issue. Frequently a divorce or other family law proceeding is commenced in both tribal court and in State court. It then needs to be determined which tribunal should retain jurisdiction and which tribunal should dismiss its legal proceeding. The State of Minnesota and most tribes in Minnesota maintain concurrent jurisdiction over divorce and family law proceedings, which means that the divorce or family law matter may potentially proceed forward in either the tribal court or Minnesota State Court. Oftentimes the determining factor on which court will maintain jurisdiction comes down to where the individuals were residing (or domiciled) in the months leading up to the commencement of the divorce, custody or other legal proceeding. Our law firm frequently handles these jurisdiction disputes between tribal court and State court.
Contact an Attorney for Advice with your Tribal Court Matter
If you are a tribal member or a spouse to a tribal member, or if you have a child or children with a tribal member and want to know your rights regarding a possible divorce, child custody proceeding, child support matter, child welfare matter, conservatorship proceeding, probate matter or any other legal matter, contact Blahnik, Prchal & Stoll to discuss your legal rights and obligations, and discuss your options on whether to proceed in either state or tribal court.