Michigan Laws 722.1104 – Proceeding pertaining to Indian child
Current as of: 2023 | Check for updates
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(1) A child-custody proceeding that pertains to an Indian child as defined in the Indian child welfare act of 1978, Public Law 95-608, 25 U.S.C. § 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952, and 1961 to 1963, is not subject to this act to the extent that the proceeding is governed by the Indian child welfare act of 1978, Public Law 95-608, 25 U.S.C. § 1901 to 1903, 1911 to 1923, 1931 to 1934, 1951 to 1952, and 1961 to 1963.
(2) A court of this state shall treat a tribe as a state of the United States for the purposes of articles 1 and 2.
Terms Used In Michigan Laws 722.1104
- Child: means an individual who is younger than 18 years of age. See Michigan Laws 722.1102
- Child-custody determination: means a judgment, decree, or other court order providing for legal custody, physical custody, or parenting time with respect to a child. See Michigan Laws 722.1102
- Child-custody proceeding: means a proceeding in which legal custody, physical custody, or parenting time with respect to a child is an issue. See Michigan Laws 722.1102
- Court: means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination. See Michigan Laws 722.1102
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or a territory or insular possession subject to the jurisdiction of the United States. See Michigan Laws 722.1102
- Tribe: means an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state. See Michigan Laws 722.1102
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(3) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under article 3.