Eberhard v. Eberhard

In 1995, Shawn Travis Eberhard (plaintiff) and Angela M. Coontz Eberhard (defendant), both members of the US military and stationed in California, were married and had a daughter. Shawn and his daughter were both members of the Cheyenne River Sioux Tribe (the tribe). In February 1996, Shawn filed for divorce and temporary custody of his daughter in tribal courts, and temporary custody was ordered to Shawn. In March 1996, Angela filed for divorce and custody in a California state court, which claimed jurisdiction and ordered custody to Angela. In April 1996, Angela appeared before the tribal court, challenged that court’s jurisdiction, and sought to enforce the California court’s order. The tribal court held that it properly had jurisdiction but that under the Parental Kidnapping Prevention Act (PKPA) at 28 U.S.C. § 1738A, which requires that states give full faith and credit to the custody orders of other states with proper jurisdiction, California was the daughter’s home state pursuant to the California court’s order. Shawn and Angela both appealed. Shawn argued that, because the tribe was not explicitly included within the PKPA’s definition of a state, considering the tribe a state under the full-faith-and-credit provision of the PKPA would diminish the tribe’s sovereignty without clear congressional intent. Shawn further argued that the tribal court therefore was not required to give force to the California court’s order. Angela argued that the tribal trial court lacked jurisdiction over the proceedings.