Minnesota Indian Tribes often have their own tribal courts. Those courts address issues related to custody, parenting time, child suport and divorce pursuant to tribal laws which may vary from state law. Understanding the Tribal Court process is very important.

Federally recognized Indian tribes have a very special attribute. It is their inherent right of self-government. Recognition of a tribe means that it is recognized by the United States Government as having a government to government relationship and that the tribe exists in a domestic dependent nation status. Recognized tribes have the right to operate under their own governmental systems and their own governmental constitutions and laws.

In Minnesota, there are eleven recognized tribes which include:

- Bois Forte Band of Chippewa
- Fond Du Lac Band of Chippewa
- Grand Portage Band of Chippewa
- Leech Lake Band of Ojibwe
- Mille Lacs Band of Ojibwe
- Red Lake Nation of Chippewa
- White Earth Band of Ojibwe
- Lower Sioux Community
- Prairie Island Indian Community
- Shakopee Mdewakanton Sioux Community
- Upper Sioux Community

Each tribe may have its own court system where appointed Judges preside over legal disputes. Since each tribe is sovereign, they may enact their own laws, and procedural court rules. Often, however, the codes and procedural rules enacted are very similar to existing state laws.

Tribes may also decide over what issues it wishes to have jurisdiction. Many tribes have enacted family law statutes. A tribal court may have jurisdiction over a divorce or custody proceeding if one of the parties is a resident member of that tribe and that party meets jurisdictional requirement set up by the tribal code. In many instances, the tribal code will require that the party have residency on tribal land for a certain period of time before jurisdictional requirements are met.

Where one party is a resident member of the tribe and the other party is not, there may be concurrent jurisdiction between the state and the tribal court. In such an instance, the divorce or custody proceeding may be filed in either state court or tribal court often resulting in a race to file between parties in order to choose a particular jurisdiction.

In any proceeding, it is extremely important to have experienced and aggressive representation. Often, knowing where it is most beneficial to file a case can provide a significant advantage. Certainly understanding the nuances related to procedural rules and statutory distinctions can result in a significant advantage in any court room proceeding.

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