(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. 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).
New Mexico Legal Code