2020 New Mexico Statutes
Chapter 40 - Domestic Affairs
Article 10A - Child Custody
Article 1 - GENERAL PROVISIONS
Section 40-10A-104 - Application to Indian tribes.
(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.
History: Laws 2001, ch. 114, § 104.
ANNOTATIONSThe Indian Child Welfare Act, 25 U.S.C. §1901 does not apply to give a tribal court exclusive jurisdiction over custody disputes in divorce proceedings. Cherino v. Cherino, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184.
Divorce proceedings. — The Indian Child Welfare Act, 25 U.S.C. §1901, does not apply in divorce proceedings when the custody of children remain with the biological parents. Cherino v. Cherino, 2008-NMCA-024, 143 N.M. 452, 176 P.3d 1184.
Law reviews. — For article, "Full Faith and Credit, Comity, or Federal Mandate? A Path That Leads to Recognition and Enforcement of Tribal Court Orders, Tribal Protection Orders, and Tribal Child Custody Orders", see 34 N.M.L. Rev. 381 (2004).
