JOHN v. BAKER

No. S-8099.

982 P.2d 738 (1999)

Anita JOHN, Appellant, v. John BAKER, Appellee.

Supreme Court of Alaska.

September 8, 1999.


Attorney(s) appearing for the Case

Andrew Harrington and Mark Regan, Alaska Legal Services Corporation, Fairbanks, for Appellant.

J. John Franich, Assistant Public Advocate, Fairbanks, Brant McGee, Public Advocate, Anchorage, and Deborah Niedermeyer, Fairbanks, for Appellee.

Harold N. Brown and Michael J. Walleri, Tanana Chiefs Conference, Inc., Fairbanks, for Amicus Curiae Native Village of Northway.

Heather R. Kendall-Miller and Martha L. King, Native American Rights Fund, Lloyd Benton Miller, Anchorage, and Vance A. Sanders, Juneau, for Amici Curiae Native Village of Venetie Tribal Government and Alaska Inter-Tribal Council.

Vance A. Sanders, Law Office of Vance A. Sanders, LLC, Juneau, for Amici Curiae Paskenta Band of Nomlaki Indians, Scotts Valley Band of Pomo Indians, and Death Valley Timbisha Shoshone Tribe.

D. Rebecca Snow, Assistant Attorney General, Fairbanks, and Bruce M. Botelho, Attorney General, Juneau, for Amicus Curiae State of Alaska.

Lois J. Schiffer, Assistant Attorney General, David C. Shilton and Ethan G. Shenkman, Attorneys, Department of Justice, Washington, D.C., John D. Leshy, Solicitor and Sandra J. Ashton, Office of the Solicitor, Department of the Interior, Washington, D.C., for Amicus Curiae United States.

Before MATTHEWS, Chief Justice, COMPTON, EASTAUGH, FABE, and BRYNER, Justices.


OPINION

FABE, Justice.

I. INTRODUCTION

Seeking sole custody of his two children, John Baker, a member of Northway Village, filed a custody petition in the Northway Tribal Court. Anita John, the children's mother and a member of Mentasta Village, consented to Northway's jurisdiction. After the tribal court issued an order granting shared custody, Mr. Baker filed an identical suit in state...

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