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COLUMBUS, Ohio (AP) — An Ohio court will reconsider whether a 5-year-old boy should stay with his foster family or move across the country to live with his father’s Native American tribe in Arizona.

A Franklin County appeals court ruled earlier this month that the county’s Juvenile Court had given custody of the boy to Gila River Indian Community without considering evidence about the child’s best interests. The Columbus Dispatch reports the boy will remain in Ohio for now.

The case will return to Juvenile Court for a hearing.

The boy’s mother died last year while the custody issue was being heard. Court documents say the boy’s father, a member of the Gila River tribe, is unable to care for him.

A tribe attorney says he’ll advocate for the child’s best interests.


Information from: The Columbus Dispatch,