# Mont. Code Ann. § 41-3-1307: 41-3-1307 Determination of Indian tribe

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1307

## Section

- **Citation:** Mont. Code Ann. § 41-3-1307
- **Heading:** 41-3-1307 Determination of Indian tribe
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 41 / Chapter 3 / Part 13 / Section 41-3-1307

## Text

41-3-1307 . Determination of Indian tribe. (1) If the Indian child is a member of or eligible for membership in only one tribe, that tribe must be designated as the Indian child's tribe.

(2) If the Indian child meets the definition of Indian child through more than one tribe, deference must be given to the tribe in which the Indian child is already a member, unless otherwise agreed to by the tribes.

(3) (a) If the Indian child meets the definition of Indian child through more than one tribe because the child is a member in more than one tribe or the child is not a member of but is eligible for membership in more than one tribe, the court shall provide the opportunity in any involuntary child custody proceeding for the tribes to determine which tribe should be designated as the Indian child's tribe.

(b) If the tribes are able to reach an agreement, the court shall designate the agreed-on tribe as the Indian child's tribe.

(c) If the tribes are unable to reach an agreement, for the purposes of this part the court shall designate as the child's tribe the tribe with which the child has the more significant contacts as the Indian child's tribe. In making the designation, the court shall consider:

(i) the preference of the parents for membership of the child;

(ii) the length of the child's past residence or domicile on or near the reservation of each tribe;

(iii) the tribal membership of the child's custodial parent or Indian custodian;

(iv) the interest asserted by each tribe in the child custody proceeding;

(v) whether there has been a previous adjudication with respect to the child by a court of one of the tribes; and

(vi) self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify with a tribe.

(4) A determination of the Indian child's tribe for the purposes of this part does not constitute a determination for any other purpose.

## Nearby sections

- [Mont. Code Ann. § 41-3-1301 41-3-1301 Short title](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1301.md)
- [Mont. Code Ann. § 41-3-1302 41-3-1302 Legislative findings -- purpose](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1302.md)
- [Mont. Code Ann. § 41-3-1303 41-3-1303 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1303.md)
- [Mont. Code Ann. § 41-3-1306 41-3-1306 Determination of Indian status -- confidentiality of records](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1306.md)
- [Mont. Code Ann. § 41-3-1307 41-3-1307 Determination of Indian tribe](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1307.md)
- [Mont. Code Ann. § 41-3-1310 41-3-1310 Jurisdiction -- transfer of jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1310.md)
- [Mont. Code Ann. § 41-3-1311 41-3-1311 Notice](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1311.md)
- [Mont. Code Ann. § 41-3-1312 41-3-1312 Full faith and credit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1312.md)
- [Mont. Code Ann. § 41-3-1316 41-3-1316 Right to counsel](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1316.md)
- [Mont. Code Ann. § 41-3-1317 41-3-1317 Right of access to evidence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1317.md)
- [Mont. Code Ann. § 41-3-1318 41-3-1318 Qualified expert witness -- requirements -- prohibitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1318.md)
- [Mont. Code Ann. § 41-3-1319 41-3-1319 Active efforts](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1319.md)
- [Mont. Code Ann. § 41-3-1320 41-3-1320 Evidentiary requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1320.md)
- [Mont. Code Ann. § 41-3-1325 41-3-1325 Emergency removal of Indian child](https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1325.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T41_C3_P13_S41-3-1307. Check the current official text before relying on it. Not legal advice.