40-7-135. Application to Indian tribes. (1) 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 this chapter to the extent that it is governed by the Indian Child Welfare Act.
(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.
History: En. Sec. 15, Ch. 91, L. 1999.
Structure Montana Code Annotated
Chapter 7. Uniform Child Custody Jurisdiction and Enforcement Act
40-7-105. Notice -- opportunity to be heard -- joinder
40-7-106. Notice to persons outside state
40-7-107. Simultaneous proceedings
40-7-109. Jurisdiction declined by reason of conduct
40-7-110. Information to be submitted to court
40-7-112. Appearance of parties and child
40-7-119. Taking testimony in another state
40-7-126. through 40-7-133 reserved
40-7-134. Proceedings governed by other law
40-7-135. Application to Indian tribes
40-7-136. International application
40-7-137. Binding force of child custody determination
40-7-138. Appearance and limited immunity
40-7-139. Communication between courts
40-7-140. Cooperation between courts -- preservation of records