Does the ICWA apply to parental custody disputes?
ICWA does not apply to all child custody disputes. For example, it does not apply to custody disputes between parents in divorce or dissolution proceedings. However, an action by one parent to terminate parental rights of the other parent is covered by the act. A divorce proceeding may be covered if a third party seeks custody as in proceedings under the Family Code or Probate Code described above under “What type of proceedings are covered by ICWA?”. The issue of whether ICWA applies to family law custody disputes between parents who were never married is unsettled.
