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