A03-811, Roy E. Gerber, Respondent, vs. Phyllis Eastman, Appellant. January 16, 2004

Case Date: 03/30/2004
Court: Court of Appeals
Docket No: A03-811

STATE OF MINNESOTA

IN COURT OF APPEALS

A03-811

 

Roy E. Gerber,

Respondent,

 

vs.

 

Phyllis Eastman,

Appellant.

 

Filed January 20, 2004

Affirmed

Gordon W. Shumaker, Judge

 

Beltrami County District Court

File No. F7-01-1139

 

 

Amber Ahola, Anishinabe Legal Services, Inc., P.O. Box 291, Red Lake, MN 56671 (for appellant)

 

Ronald S. Cayko, Fuller, Wallner, Cayko & Pederson, Ltd., 514 America Avenue, P.O. Box 880, Bemidji, MN 56619-0880 (for respondent)

 

 

Considered and decided by Schumacher, Presiding Judge; Randall, Judge; and Shumaker, Judge.

S Y L L A B U S

The Indian Child Welfare Act does not apply where a non-Indian father seeks permanent sole legal and physical custody of his biological child after the state district court has granted permanent sole legal and physical custody to the child