---
kind: "section"
citation: "25 C.F.R. § 23.117"
title: "25"
number: "23.117"
heading: "What are the criteria for ruling on transfer petitions?"
url: "https://uscodex.org/cfr/25/23.117"
---

# §23.117. What are the criteria for ruling on transfer petitions?


Upon receipt of a transfer petition from an Indian child's parent, Indian custodian, or Tribe, the State court must transfer the child-custody proceeding unless the court determines that transfer is not appropriate because one or more of the following criteria are met:

- (a) Either parent objects to such transfer;
- (b) The Tribal court declines the transfer; or
- (c) **Good cause exists for denying the transfer.**

## Notes

### Source

Source: 81 FR 38867, June 14, 2016, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 1901-1952.

### Source

Source: 59 FR 2256, Jan. 13, 1994, unless otherwise noted.