A New Mexico man says the Mescalero Apache Nation has no jurisdiction over a child custody dispute.

Gerardo Valenzuela was married to Anna Kanseah, a tribal member. They have three children, including a 6-year-old son whose hair was cut after he went to stay with Valenzuela.

Kanseah, who lives on the reservation, said Valenzuela violated her family's traditional beliefs by cutting the boy's hair. Other Apaches, however, said hair length is not an issue.

Valenzuela, who has remarried, said the tribe lacks jurisdiction over the dispute anyway. He cited a recent New Mexico Court of Appeals that said the Indian Child Welfare Act can't be used in cases where the children remain with either of their biological parents.

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Tribal court eyes haircut (The Alamogordo Daily News 5/23)