Section 75-C – Application to Indian tribes

May 14, 2021 | Family Law, New York

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 article 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 this title and title two of this article.
3. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this article must be recognized and enforced under title three of this article.

N.Y. Dom. Rel. Law § 75-C