# HO-CHUNK NATION TRIAL COURT (2018) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3Abc6adf1eadbf3e98 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text IN THE HO-CHUNK NATION TRIAL COURT 1 2 3 4 In re the Custody of Minor Child(ren): 5 ______________________________, Petitioner, 6 v. 7 8 PETITION FOR CUSTODY AND PLACEMENT ORDER Case No.: CPL ___ - _____ [assigned by the Court] ______________________________, Respondent. 9 10 11 12 Pursuant to the DIVORCE AND CUSTODY ORDINANCE, 4 HCC § 9, and CHILD SUPPORT ENFORCEMENT CODE, 4 HCC § 7, the petitioner requests that the Court issue a custody and placement order. The petitioner accordingly alleges the following facts: I. The following information relates to the PETITIONER: 13 1. 14 I am the petitioner, I am the Father Mother Other: _______________________________ 2. Name: _________________________________________________ 16 3. Maiden name (if applicable): __________________________________ 17 4. Address: ______________________________________________ 18 19 20 21 22 23 24 25 PETITIONER’S INFORMATION 15 (state physical address also if P.O. Box is listed) ______________________________________________ City 5. Zip Code Phone: (_____)_________________ (_____)__________________ Home Work 6. Facsimile Number (if available): (_____)_______________________ 7. Date of Birth: ___________________________________________ 8. Social Security Number: ______ - ____ - _______ 9. Occupation: _____________________________________________ Place of employment: _____________________________________ 10. 26 27 State I am a member of the Ho-Chunk Nation: Yes or No. If yes, my enrollment number is: 439A00 __ __ __ __. (four numbers) 11. I reside on tribal lands: Yes or No. 28 Petition for Custody and Placement (03/17) Page 1 of 6 1 II. The following information relates to the RESPONDENT: 2 3 8 9 10 11 12 13 14 RESPONDENT’S INFORMATION 5 7 Name: ________________________________________________ 2. Respondent is the: Maiden name (if applicable): ________________________________ 4. Address (last known): ____________________________________ (state physical address also if P.O. Box is listed) ____________________________________ City 4. State Zip Code Phone: (_____)_________________ (_____)_________________ Home Work 5. Facsimile Number (if available): _____________________________ 6. Date of Birth: __________________________________________ 7. Social Security Number: ______ - ____ - _______ 8. Occupation: ___________________________________________ Place of Employment: ___________________________________ 9. Yes or The respondent is a member of the Ho-Chunk Nation: (four numbers) 10. The respondent resides on tribal lands: Yes or No. III. The following information relates to the MINOR CHILDREN (attach additional pages if necessary): 19 1. Name: ________________________________________________ 20 2. Date of Birth: __________________________________________ 21 3. Social Security Number: ______ - ____ - _______ 22 4. The minor child is a member of the Ho-Chunk Nation: 23 No. If yes, the respondent’s enrollment number is: 439A00 __ __ __ __. 16 18 Mother 3. 15 17 Father Other: _______________________________ 4 6 1. Yes or No. If yes, the child’s enrollment number is: 439A00 __ __ __ __. (four numbers) 24 25 1. Name: ________________________________________________ 26 2. Date of Birth: __________________________________________ 27 28 3. Social Security Number: ______ - ____ - _______ 4. The minor child is a member of the Ho-Chunk Nation: Yes or No. If yes, the child’s enrollment number is: 439A00 __ __ __ __. Petition for Custody and Placement (03/17) Page 2 of 6 1 1. Name: ________________________________________________ 2 2. Date of Birth: __________________________________________ 3 3. Social Security Number: ______ - ____ - _______ 4 4. The minor child is a member of the Ho-Chunk Nation: Yes or 5 If yes, the child’s enrollment number is: 439A00 __ __ __ __. 6 four numbers) No. 7 IV. JURISDICTION: By filing this petition, I recognize that I voluntarily submit to the 8 personal and subject matter jurisdiction of the Ho-Chunk Nation Judiciary. The below facts 9 support the assumption of jurisdiction over the petitioner and/or respondent. In particular, the 10 Court may exercise personal jurisdiction over the petitioner and/or respondent due to satisfaction 11 of one or more of the following conditions (check all that apply): the petitioner is enrolled or is eligible to be enrolled with the Ho-Chunk Nation 12 the respondent is enrolled or is eligible to be enrolled with the Ho-Chunk Nation 13 the petitioner or respondent resides on Nation lands with a child who is enrolled or 14 is eligible to be enrolled with the Ho-Chunk Nation 15 16 17 V. OTHER PROCEEDINGS: A. Custody was previously decided in a county court: 18 19 20 21 22 No *If yes, attach a certified copy of the custody order from that court. B. This Petition for Child Custody is filed in connection with one of the following HoChunk Nation Trial Court cases: 1. 2. 3. 23 24 Yes 4. ☐ Divorce or Nullification of Marriage; Case Number: _______ ☐ Paternity; Case Number: ________ ☐ Child Support; Case Number: ________ OR ☐ This is a standalone Child Custody action. 25 26 27 28 VI. PROHIBITED ACTS: During the pendency of the action, the parties are prohibited from, and may be held in contempt of court for any of the following: 1) harassing, intimidating, physically abusing or imposing any restraint on the person or liberty of the other party or a minor child of either party; or Petition for Custody and Placement (03/17) Page 3 of 6 1 2 3 4 2) Without the consent of the other party or an order of the Court, establishing a residence with a minor child of the parties outside the state of Wisconsin or more than 150 miles from the residence of the other party within the state. 3) Removing a minor child of the parties from the state of Wisconsin without consent of custodial parent. 5 6 VII. ATTACHMENTS: The petitioner must attach any written agreement between the 7 parties as to legal custody and physical placement of the children. The document must be notarized. 8 9 NUMBER OF ADDITIONAL PAGES USED: ________ 10 11 12 13 14 By affixing my signature below, I swear that I have provided the above information in good faith and with the belief that each statement represents a true and accurate account of the facts based upon adequate research and investigation. I recognize that the Ho-Chunk Nation Judiciary may impose sanctions if it determines that I have made statements in bad faith, including intentional misstatements or statements made upon inadequate research or investigation. I also 15 recognize that the foregoing admonition extends to include the omission of material facts or law, 16 which I knew, or should have reasonably known, would impact or prove relevant to the action. 17 18 I file this petition of my own free will and absent threats, intimidation or coercion of any 19 kind. I understand that any decision reached by the Ho-Chunk Nation Trial Court is binding and 20 that if I disagree with the findings or conclusions or remedies of the Trial Court, I may file an 21 22 23 appeal with the Ho-Chunk Nation Supreme Court. I further acknowledge that since I am submitting myself to the jurisdiction of the Ho-Chunk Nation Judiciary, I am subject to its determinations, including those relating to contempt of court. 24 25 26 27 28 Petition for Custody and Placement (03/17) Page 4 of 6 1 2 3 4 5 6 RESPECTFULLY SUBMITTED BY PETITIONER, Signature: __________________________________________ Date: ______________________, 20 ______ SUBSCRIBED AND SWORN TO before me this ____ day of _____________, 20____ at _________________________________________________________ . City State ____________________________________ 7 Notary Public for _____________________ 8 State My commission expires: _______________ 9 10 11 Signature of petitioner’s counsel (if any): ___________________________________ 12 Name of petitioner’s counsel: ___________________________________ 13 Mailing address of counsel: 14 ___________________________________ ___________________________________ 15 E-mail address of counsel: 16 Telephone number of counsel: __________________________________ 17 Ho-Chunk Bar number of counsel: ______________________________ 18 ___________________________________ If not a member of the Ho-Chunk bar, a Motion to Appear Pro Hac Vice has been 19 attached in accordance with Ho-Chunk Nation Rules of Civil Procedure, Rule 16(B), and/or 20 have applied for membership in the Ho-Chunk Nation bar in accordance with the Ho-Chunk 21 Nation Rules for Admission to Practice. 22 23 24 25 26 27 28 Petition for Custody and Placement (03/17) Page 5 of 6 I 1 2 3 4 5 RESPECTFULLY SUBMITTED BY RESPONDENT, Signature: __________________________________________ Date: ______________________, 20 ______ SUBSCRIBED AND SWORN TO before me this ____ day of _____________, 20____ at _________________________________________________________ . City State 6 ____________________________________ 7 Notary Public for _____________________ State 8 My commission expires: _______________ 9 10 11 12 Signature of respondent’s counsel (if any): ___________________________________ 13 Name of respondent’s counsel: ___________________________________ 14 Mailing address of counsel: ___________________________________ ___________________________________ 15 16 E-mail address of counsel: 17 Telephone number of counsel: __________________________________ 18 Ho-Chunk Bar number of counsel: ______________________________ 19 ___________________________________ If not a member of the Ho-Chunk bar, a Motion to Appear Pro Hac Vice has been 20 attached in accordance with Ho-Chunk Nation Rules of Civil Procedure, Rule 16(B), and/or 21 have applied for membership in the Ho-Chunk Nation bar in accordance with the Ho-Chunk 22 Nation Rules for Admission to Practice. 23 24 25 26 27 28 Petition for Custody and Placement (03/17) Page 6 of 6 I Proposed Parenting Plan HO-CHUNK NATION TRIAL COURT First name Middle name For Official Use Last name Petitioner/Joint Petitioner, Proposed Parenting Plan and Case No. First name Middle name __ Last name Respondent/Joint Petitioner. I understand that under Ho-Chunk law, the parties are encouraged to cooperate and agree regarding the fulfillment of their duties to their children.    The Court may approve any agreement between the parties as to the legal custody and physical placement and care of minor children if deemed by the Court to be in the best interests of the children. HCN CHILD SUPPORT CODE 4 HCC § 7. The parties may file a proposed parenting plan to assist the court with child support and custody. HCN CHILD SUPPORT CODE 4 HCC § 7.26.a.iii. In divorce, the Court may approve any agreement between the parties as to the legal custody and physical placement and care of minor children if deemed by the Court to be in the best interests of the children. HCN DIVORCE AND CUSTODY ORDINANCE, 4 HCC § 9.8.a.(2). PROPOSED PARENTING PLAN: A. Legal Custody - the right and responsibility to make major decisions concerning the child, except with respect to specific decisions as set forth by the court or the parties in the final judgment. 1. Legal custody of the minor children shall be as follows: Name of Child Date of Birth FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 Joint Legal Custody Sole Sole Legal Legal Custody Custody to to Petitioner Respondent 4 HCC § 7.26a.iii Page 1 of 8 Proposed Parenting Plan 2. Specific Decision Making Authority Decisions in the following listed areas will be made as follows: Decision a. b. c. d. e. Jointly By Petitioner By Respondent Non-Emergency Health Care Education/School Activities Child Care Providers Non-School Activities Other: B. Physical Placement In allocating the time the minor children spend between the parents, the court should award the placement on a day-to-day basis as follows: Primary Physical Equal Shared Placement to Placement Petitioner Name of Child Primary Physical Placement to Respondent AND the physical placement schedule shall be: a. as listed in the attached document. b. as proposed below (on a biweekly basis): Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Week 1 Week 2 C. Child Care 1. The children do not require child care. 2. The child care will be provided by And the cost of child care will be paid as follows: a. The petitioner to pay b. The respondent to pay FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 %. %. 4 HCC § 7.26a.iii Page 2 of 8 Proposed Parenting Plan D. Summer and Holiday Placement Schedule: The summer and holiday placement schedule should be as follows: 1. According to the attached 2. See attached 3. as proposed here: HOLIDAYS County standard placement schedule. With Petitioner the With Respondent the following years following years Every Even Odd Every Even Odd Year years years year years Years a. Mother’s Day b. Memorial Day c. Father’s Day d. July 4th e. Labor Day f. Halloween g. Thanksgiving h. Christmas Eve i. Christmas Day j. New Year’s Eve k. New Year’s Day l. Religious Holiday m. Religious Holiday n. Father’s Birthday o. Mother’s Birthday p. Children’s Birthday(s) q. Other: r. Other: s. School Spring Break t. School Teacher Conventions u. Summer Break to be shared as follows: E. Child Support - Note: If the proposal is different from the state guidelines, the reason why it is different must be given. The noncustodial parent shall be responsible for child support as follows: 1. as required by the state support guidelines. 2. according to the attached proposal. FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 3 of 8 Proposed Parenting Plan F. Transportation Issues 1. The physical transfer of the children for placement should be as follows: a. All transportation to and from placements will be provided by the petitioner. b. All transportation to and from placements will be provided by the respondent. c. Transportation will be shared with: d. 1. parent with children shall deliver. 2. parent without children shall pick up. Other: 2. Transfers of children shall take place at: a. parent’s home. b. halfway point: c. other location: d. Inter-spousal battery/domestic violence is an issue in this relationship and in order to ensure the safety of the children and/or parent, transfers of the children between the parents shall be: 1. supervised by 2. at a neutral public site 3. at a home of the following person 4. Other: 3. Transfers of children shall take place at: a. paid by party who incurs the costs. b. paid as follows: G. School 1. The children will attend school at: Name of Child School/ School District 2. Education costs will be paid as follows: a. The petitioner to pay %. b. The respondent to pay %. FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 4 of 8 Proposed Parenting Plan H. Residence 1. Current a. The petitioner resides at: Address City State Zip This is on Ho-Chunk Nation trust land. This is not on Ho-Chunk Nation trust lands. This is an inter-spousal battery/domestic violence case; I decline to give a specific address, but my general location is currently . b. The respondent/joint petitioner currently resides at: Address City State Zip This is on Ho-Chunk Nation trust land. This is not on Ho-Chunk Nation trust lands. This is an inter-spousal battery/domestic violence case; I decline to give a specific address, but my general location is currently . I. Current Employer 1. The petitioner is currently employed at: Employer State City Days/Hrs. This is an inter-spousal battery/domestic violence case; I decline to give my specific employment, but where I generally work is . 2. The respondent/joint petitioner is currently employed at: Employer State City Days/Hrs. This is an inter-spousal battery/domestic violence case; I decline to give my specific employment, but where I generally work is . J. Health Care 1. Providers: Healthcare services will be provided to the children by the following: Doctors/Pediatrician/Clinic FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 5 of 8 Proposed Parenting Plan Eye/Optometrist Dentist/Orthodontist Insurance/Health Plan (if any) Other: 2. Expenses a. Healthcare Insurance for the minor children shall be: 1. paid by the petitioner 2. paid by the respondent/joint petitioner 3. shared equally by both of us. 4. paid as follows: 5. See attached plan. b. Uninsured healthcare expenses shall be: K. 1. paid by petitioner 2. paid by the other respondent/joint petitioner 3. shared equally by both of us. 4. paid as follows: 5. See attached plan. Upbringing 1. The minor children will be raised in the following way: a. Traditional b. Religious c. Native American Church d. No religious affiliation is planned. e. Other L. Maintaining Contact with Other Parent I shall assist the children in maintaining contact with the other parent by: 1. direct contact through periods of placement. 2. telephone contact. 3. cards/letters. 4. e-mail. 5. providing copies of children’s school projects. FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 6 of 8 Proposed Parenting Plan 6. providing photographs of children participating in activities. 7. assisting children with gift purchasing for other parent for birthdays and holidays. 8. assisting children with letter writing to other parent. 9. creating personal web-site for posting pictures, letters, information, comments. 10. Other: (Note: Each parent is expected to take personal responsibility for contacting the schools to obtain school calendars and report cards and attending parent-teacher meetings.) M. Resolving Disagreements If there are disagreements between the parents on issues that are to be joint decisions, the way to resolve the disagreements will be: 1. the parent who has primary physical placement will decide. 2. the parent who has physical placement at the time of the disagreement will decide. 3. to allow the parent who generally made this type of decision before these court proceedings were started to make the same type of decision in the future. 4. to review the issues from the other parent’s or children’s standpoint and reconsider my position. 5. to determine whether my opposition is in good faith and in the best interests of the children or whether it is an attempt to spite the other parent, if it is not in good faith or the best interests, reconsider my position. 6. to determine whether this is a situation in which the children is/are attempting to manipulate one parent against the other; if it appears to be manipulative, attempt to consult with the other parent to prevent the children from trapping us in this position. 7. to ask for assistance from friends, relatives, clergy, or others who can be neutral and fair. 8. I would suggest the following person(s) to serve as a third-party neutral(s): 9. to contact the tribal court regarding options for mediation. 10. Other: FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 7 of 8 Proposed Parenting Plan Parties may each submit a separate parenting plan. In that instance they must provide a certificate of service for all parties and the court. This is an individually filed plan. OR This plan is jointly filed as noted by the below information. Signature of Petitioner To the extent that parties agree to submit one parenting plan, it should be notarized and filed with the court. Print or Type Name Date Signature of Respondent/Joint Petitioner Print or Type Name Date FM-200 HCN Trial Court Proposed Parenting Plan, 12/2017 4 HCC § 7.26a.iii Page 8 of 8 1 IN THE HO-CHUNK NATION TRIAL COURT 2 3 4 STATEMENT OF INCOME, ASSETS, DEBTS AND LIVING EXPENSES 5 6 Case No(s).: ___ ____ - ____ ___ ____ - ____ ___ ____ - ____ ___ ____ - ____ 7 8 9 10 11 12 Under penalty of perjury, I state that the following information on this financial statement is true, accurate and complete to the best of my knowledge: Name of Person Completing Form (please print): I am completing this form as a: ________________________________________ Parent, child, or guardian seeking legal representation pursuant to the HOCAK NATION CHILDREN AND FAMILY ACT, 4 HCC § 3.24c. 13 14 15 Number of Household Members: 16 ______ Adults 17 18 _____ Children Employer Information (please print): 19 20 21 22 23 ________________________________________ Name ________________________________________ Address Parent or guardian required to reimburse the HoChunk Nation for child placement assistance or pay child support to an appointed guardian pursuant to the HOCAK NATION CHILDREN AND FAMILY ACT, 4 HCC § 3.81, 3.114 . Spouse subject to a divorce proceedings in which either party seeks a division of assets and debts or spousal maintenance. DIVORCE AND CUSTODY ORDINANCE, 4 HCC § 9.8c-d. Parent, guardian, or adult beneficiary requesting the release of Children’s/Incompetent’s Trust Fund (CTF/ITF) monies. PER CAPITA DISTRIBUTION ORDINANCE, 2 HCC § 12.8c. ________________________________________ 24 City State Zip Code 25 (________)_______________________________ Telephone Number Debtor seeking to establish civil garnishment exemption pursuant to WIS. STAT. § 812.34(b)-(c). Other: _________________________________ 26 27 28 Statement of Income, Assets, Debts and Living Expenses (2017) Page 3 of 3 1 2 3 STATEMENT OF MONTHLY HOUSEHOLD INCOME (if there are insufficient columns for all household members, attach additional schedules) Salary and wages (if weekly or biweekly, compute as a monthly figure.) 4 Other income (Pensions, retirement, social security, disability, worker’s compensation, public assistance) 5 7 Child Support and /or maintenance from prior spouse Dividends, interest, rents, bonuses Per Capita Payments or Distributions Other: 8 Itemized mandatory monthly deductions (Do not include savings 6 Total Monthly Income or credit union deductions not required by law) 9 10 11 Federal and state income taxes, social security, Medicare Union or other dues Retirement and pension funds Other mandatory monthly deductions Total Mandatory Monthly Deductions Net Monthly Income STATEMENT OF ASSETS Asset Description 12 13 14 15 16 17 Fair Market / Cash Value Real Estate (List kind of property and location) Other real estate (List kind of property and location) Vehicle (Give year and make) Other Vehicles (Give year and make) Checking account (Give name of financial institution) 18 19 20 21 22 23 Savings account (Give name of financial institution) IRA/Pension/Profit Sharing Life Insurance with cash value Stocks/Bonds/Certificates of Deposit Other assets valued over $200 Total Value of Assets LONG TERM DEBTS AND MONTHLY EXPENSES Long Term/Installment Debts Creditor Name Balance Owed Monthly Payment Mortgage Payment (Include property taxes and insurance if included in payment) 24 25 26 Credit Cards Automobile Loans Other Other Total Owed 27 28 Statement of Income, Assets, Debts and Living Expenses (2017) Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Other Monthly Debts/Expenses Rent (Do not duplicate mortgage payment above.) Repairs/maintenance on home Food Electricity/water/heat Telephone Laundry and dry cleaning Child support (paid for children not in your home) Maintenance (paid to an ex-spouse) Clothing and shoes Health insurance premiums Medical/dental/drug expenses not covered by insurance Life insurance premiums Other insurance premiums (specify): Child care Cable TV Transportation costs (oil/gas/commuting) School Entertainment/incidentals/newspapers/books/periodicals Hobbies Other: Other: Other: 16 Total Monthly Payments 17 _____________________________________ 18 Signature 19 _____________________________________ 20 21 Date Signed SUBSCRIBED AND SWORN TO before me this day of , 20______ 22 23 at . City State 24 25 Notary Public for 26 My commission expires: State 27 28 Statement of Income, Assets, Debts and Living Expenses (2017) Page 3 of 3 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aho-chunk%3Abc6adf1eadbf3e98. Public record. Not legal advice.