The 2023 Florida Statutes
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Section 61.520 is part of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). See § 61.501, Fla. Stat. One purpose of the UCCJEA is the avoidance of "jurisdictional competition and conflict with courts of other states in matters of child custody." § 61.502(1), Fla Stat.; cf. Yurgel v. Yurgel, 572 So.2d 1327, 1330 (Fla. 1990) (explaining that "the primary purpose of the [predecessor version of the UCCJEA] is to create certainty by ensuring that jurisdiction over a specific custody dispute can be obtained only by a single state at a time"). Because the trial court below made the original child custody determination as part of its dissolution judgment, it retains "exclusive, continuing jurisdiction" over that determination. § 61.515(1), Fla. Stat. There is no "concurrent jurisdiction" across two different states regarding custody and timesharing for the parties' children; no other court in the country has jurisdiction to modify the determination reflected in the dissolution judgment. Cf. Yurgel, 572 So. 2d at 1330-31. This exclusive jurisdiction in fact persists until a trial court of this state "determines that the child, the child's parents, and any…
Appellant, K.D., the aunt, challenges a final order dismissing her private dependency petition for lack of jurisdiction. Concluding the trial court is authorized to exercise jurisdiction under two independent provisions of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), as codified in sections 61.501 et seq., Florida Statutes (2022), we reverse and remand for further proceedings.
Through these proceedings, the mother, Cassidy S. Miller, seeks a writ of prohibition to prevent the lower tribunal from continuing to exercise jurisdiction over her minor child in a paternity action filed by the father, Alex V. Mitchell. She contends New Jersey is the child's home state for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), as codified in section 61.501 et seq., Florida Statutes, thus jurisdiction lies in the New Jersey family court in which an action over custody of the child was previously filed. Concluding the trial court properly exercised jurisdiction, we deny relief.
The trial court denied Edwards's motion to dismiss in its entirety. It found Codrington's testimony credible, concluded it had jurisdiction over the child under the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), and ruled that Codrington was not wrongfully detaining the child in Florida. See § 61.501, Fla. Stat. (2020). It determined Edwards had demanded affirmative relief by demanding parenting plan conditions in her pro se answer, and thus concluded she had no basis to challenge the trial court's personal jurisdiction. It noted Edwards had not presented any evidence or argument to support a change of venue. Finally, it denied Edwards's request to amend her answer, finding that she was just trying to "circumvent the fact that [she] has requested affirmative relief."
Both Florida and Oregon have adopted the UCCJEA and, as a result, both Florida's and Oregon's UCCJEA statutes are nearly identical in most respects. Compare §§ 61.501 – 61.542, Fla. Stat. (2015), with OR. REV. STAT. §§ 109.701 – 109.834 (2015).
As she did below, the mother asserts here that, because the minor child has been residing in Maryland for over six months, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), as embodied in section 61.501 et seq ., Florida Statutes, the Florida trial court no longer has jurisdiction to make child custody determinations. We disagree.
In 2002, the Florida Legislature adopted provisions of the UCCJEA, as codified in section 61.501 et seq., Florida Statutes (2018). See Steckler v. Steckler, 921 So. 2d 740, 742 (Fla. 5th DCA 2006). California's adopted version of the UCCJEA is codified in section, 400 et seq., California Family Code (2018).
Plaintiff purports to assert a claim for violation of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"). Each state pertinent to Plaintiff's claims -- Arizona, Florida, and New York -- has adopted a version of the UCCJEA. See Ariz. Rev. Stat. Ann. § 25-1001 et seq.; Fla. Stat. Ann. § 61.501 et seq.; N.Y. Dom. Rel. Law § 75 et seq. Because these statutes provide no private right of action for an injured party to sue for violations of the UCCJEA, the district court committed no error in dismissing Plaintiff's claim.
Codified at sections 61.501 -61.542, Florida Statutes (2017).
Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in bold underline in these instructions are defined there. For further information, see sections 61.501 – 61.542, Florida Statutes.
. . . In 2002, the Florida Legislature adopted provisions of the UCCJEA, as codified in section 61.501 et seq . . .
. . . Codified at sections 61.501 -61.542, Florida Statutes (2017). . . .
. . . 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501 . . . 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501 . . .
. . . temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 61.501 . . .
. . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes... . . .
. . . . § 61.501-61.542 (2014). We deny the petition. . . .
. . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes ... . . . 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501 . . .
. . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes ... . . . 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501 . . .
. . . See generally §§ 61.501-.542, Fla. Stat. (2013). . . . .
. . . . §§ 61.501 — 61.542, Fla. Stat. (2012). . . .
. . . the procedure set out in the Uniform Child Custody Judgment and Enforcement Act (“UCCJEA”), sections 61.501 . . .
. . . UCCJEA” is the acronym for the Uniform Child Custody Jurisdiction Enforcement Act, codified at section 61.501 . . .
. . . .§§ 61.501-.542, Fla. Stat. (2010). . . .
. . . See §§ 61.501 — 61.542, Fla. Stat. (2011). . . .
. . . 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501 . . .
. . . expressly governed by the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), sections 61.501 . . .
. . . The UC-CJEA is codified in sections 61.501-542, Florida Statutes (2010). . . .
. . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes... . . .
. . . shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501 . . .
. . . Under the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501 through 61.542, Florida . . .
. . . shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501 . . . DCA 2009) (finding that, under the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501 . . .
. . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes... . . .
. . . jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), sections 61.501 . . . foreign country is treated “as if it were a state of the United States” for purposes of applying sections 61.501 . . .
. . . . § 61.501 et seq. and O.R.C. Ch. 3127. . . .
. . . . § 61.501. . . .
. . . and visitation under the Uniform Child Custody Jurisdiction and Enforcement Act (“UC-CJEA”), sections 61.501 . . .
. . . Fidelity’s risk-based capital deficit therefore was $61.501 million. (Stip. 84). . . .
. . . children pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), sections 61.501 . . .
. . . without jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), sections 61.501 . . .
. . . See §§ 61.501-.542, Fla. Stat. (2005); N.D. Cent. Code §§ 14-14.1-01 to -37 (2005). . . .
. . . court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501 . . .
. . . amended as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered to sections 61.501 . . .
. . . Co-op 1976), and the Florida Uniform Child Custody Jurisdiction and Enforcement Act, §§ 61.501-542, Fla . . .
. . . renamed as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered as sections 61.501 . . .
. . . 61.1312.],” which is part of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), section 61.501 . . .
. . . my concern regarding the trial judge’s responsibilities under the former UCCJA, now UCCJEA, sections 61.501 . . . renamed as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered as sections 61.501 . . .
. . . amended as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered sections 61.501 . . .
. . . amended as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered, sections 61.501 . . .
. . . amended as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and renumbered, sections 61.501 . . .
. . . we replace the reference to sections “61.1302-61.1354” with a reference to newly enacted sections “61.501 . . . For further information, see sections 61.501-61.542, Florida Statutes. Special notes ... . . . Specifically, chapter 2002-65 created sections 61.501 through 61.542, Florida Statutes (2002), and repealed . . .