New Mexico § 40-10A-104 Application to Indian tribes

New Mexico Statutes

§ 40-10A-104 — Application to Indian tribes

New Mexico·Ch. 40 Domestic Affairs·Art. 1 GENERAL PROVISIONS

(a)A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to the Uniform Child- Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act.

(b)A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act.

(c)A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act.

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(a) A child-custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., is not subject to the Uniform Child- Custody Jurisdiction and Enforcement Act to the extent that it is governed by the Indian Child Welfare Act. (b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying Articles 1 and 2 of the Uniform Child-Custody Jurisdiction and Enforcement Act. (c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the Uniform Child-Custody Jurisdiction and Enforcement Act must be recognized and enforced under Article 3 of that act.

New Mexico § 40-10A-104 (Application to Indian tribes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.