The Indian Child Welfare Act (ICWA)1 gives tribes a substantial role in matters concerning custody of Indian children. State courts must defer to tribal jurisdiction in child custody proceedings involving an Indian child for matters such as foster placement, termination of parental rights, and adoption. While the ICWA is not triggered for custody and divorce proceedings, it is nevertheless wise to be cautious if a matter is pending in tribal court of the child is an “Indian Child” as defined by the Act.
- 125 U.S.C. §§ 1901–1963.