Montana § 40-7-135 Application To Indian Tribes

Montana Statutes

§ 40-7-135 — Application To Indian Tribes

Montana § 40-7-135

Title 40FAMILY LAW

Ch. 7UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

Part 1General Provisions

This text of Montana § 40-7-135 (Application To Indian Tribes) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 40-7-135 (2026).

Text

40-7-135 . Application to Indian tribes.

(1)A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.

(2)A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101 , 40-7-103 , 40-7-105 through 40-7-110 , 40-7-112 , 40-7-119 , 40-7-125 , 40-7-134 through 40-7-140 , and part 2 of this chapter.

(3)A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must

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40-7-135 . Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the federal Indian Child Welfare Act, 25 U.S.C. 1901, et seq., or 41-3-1303 is not subject to this chapter to the extent that it is governed by the federal Indian Child Welfare Act or the Montana Indian Child Welfare Act provided for in Title 41, chapter 3, part 13.
(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying 40-7-101 , 40-7-103 , 40-7-105 through 40-7-110 , 40-7-112 , 40-7-119 , 40-7-125 , 40-7-134 through 40-7-140 , and part 2 of this chapter.
(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3 of this chapter.