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

New Mexico Statutes

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

New Mexico § 40-10A-104

Ch. 40Domestic Affairs

Art. 1GENERAL PROVISIONS

This text of New Mexico § 40-10A-104 (Application to Indian tribes) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-10A-104 (2026).

Text

(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.