Florida Statute 61.503 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.503

61.503 Definitions.—As used in this part, the term:

(1) “Abandoned” means left without provision for reasonable and necessary care or supervision.

(2) “Child” means an individual who has not attained 18 years of age.

(3) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

(4) “Child custody proceeding” means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524-61.540.

(5) “Commencement” means the filing of the first pleading in a proceeding.

(6) “Court” means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination.

(7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

(8) “Initial determination” means the first child custody determination concerning a particular child.

(9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.

(10) “Issuing state” means the state in which a child custody determination is made.

(11) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether it is made by the court that made the previous determination.

(12) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, instrumentality, or public corporation; or any other legal or commercial entity.

(13) “Person acting as a parent” means a person, other than a parent, who:

(a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and

(b) Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state.

(14) “Physical custody” means the physical care and supervision of a child.

(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(16) “Tribe” means an Indian tribe, or band, or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.

(17) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.

History.—s. 5, ch. 2002-65.

F.S. 61.503 on Google Scholar

F.S. 61.503 on CourtListener

Amendments to 61.503

Annotations, Discussions, Cases:

Cases Citing Statute 61.503

Total Results: 62

Arjona v. Torres

941 So. 2d 451, 2006 WL 3019578

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1523620

Cited 15 times | Published

matters) to the "home state" of the child, and section 61.503(7) defines "home state," in pertinent part

Steckler v. Steckler

921 So. 2d 740, 2006 WL 359673

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1659670

Cited 14 times | Published

is also governed, in part, by the UCCJEA. See § 61.503(4), Fla. Stat. (2005) (defining a "child custody

Hindle v. FUITH

33 So. 3d 782, 2010 Fla. App. LEXIS 5347, 2010 WL 1626410

District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 1649168

Cited 11 times | Published

the mentioned persons is part of the period." § 61.503(7), Fla. Stat. (2003). The UCCJEA gives jurisdictional

In Re DNHW

955 So. 2d 1236, 2007 WL 1373775

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1659182

Cited 10 times | Published

the commencement of a child custody proceeding." § 61.503(7). On the date the proceeding was commenced in

Lande v. Lande

2 So. 3d 378, 2008 Fla. App. LEXIS 19360, 2008 WL 5352144

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1644287

Cited 8 times | Published

the commencement of a child custody proceeding." § 61.503(7), Fla. Stat. (2007). A foreign country is treated

Hardman v. Koslowski

135 So. 3d 434, 2014 WL 949850, 2014 Fla. App. LEXIS 3503

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60239635

Cited 6 times | Published

individual who has not attained 18 years of age.” See § 61.503(2), Fla. Stat. (2004). Furthermore, we consider

Holub v. Holub

54 So. 3d 585, 2011 Fla. App. LEXIS 1863, 2011 WL 478467

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 1395161

Cited 5 times | Published

514(1), Fla. Stat. "Home state" is defined in section 61.503(7), Florida Statutes, as: "the state in which

Cobo v. Sierralta

13 So. 3d 493, 2009 Fla. App. LEXIS 6234, 2009 WL 1456951

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1659648

Cited 5 times | Published

the commencement of the proceeding"); see also § 61.503(7), Fla. Stat. (2008) (defining "home state" as

Karam v. Karam

6 So. 3d 87, 2009 Fla. App. LEXIS 1795, 2009 WL 605401

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1665598

Cited 5 times | Published

the mentioned persons is part of the period." § 61.503(7). The UCCJEA is a "jurisdictional act which

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc.

210 So. 3d 1217, 42 Fla. L. Weekly Supp. 195, 2017 WL 633767, 2017 Fla. LEXIS 336

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586138

Cited 4 times | Published

“child custody proceeding” within the meaning of section 61.503(4), Florida Statutes (2013),[N,2] it became

Hickey v. Burlinson

33 So. 3d 827, 2010 Fla. App. LEXIS 5970, 2010 WL 1726293

District Court of Appeal of Florida | Filed: Apr 30, 2010 | Docket: 1649331

Cited 4 times | Published

visitation with respect to a child is at issue. See § 61.503(4), Fla. Stat. (2009). Thus, we conclude an order

Hollowell v. Tamburro

991 So. 2d 1022, 2008 WL 4489271

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 1725152

Cited 4 times | Published

obligations. A "child custody determination" under section 61.503(3), Florida Statutes (2008), is an order providing

Ferris v. Winn

242 So. 3d 509

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 64677797

Cited 3 times | Published

temporary, initial, and modification order." § 61.503(3). Further, Florida Rule of Civil Procedure 1

M.A.C. v. M.D.H.

88 So. 3d 1050, 2012 Fla. App. LEXIS 8593, 2012 WL 1939742

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308123

Cited 3 times | Published

a child custody proceeding,” as required by F.S. 61.503(7). 3. F.S. 61.514(l)(a) is also applicable.

Sarpel v. Eflanli

65 So. 3d 1080, 2011 Fla. App. LEXIS 8086, 2011 WL 2135575

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60301619

Cited 3 times | Published

the mentioned persons is part of the period.” § 61.503(7), Fla. Stat. The UCCJEA does not define a “temporary

Gamache v. Gamache

14 So. 3d 1236, 2009 Fla. App. LEXIS 8584, 2009 WL 1874066

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 60241289

Cited 3 times | Published

(UCCJEA) because he is over the age of eighteen. See § 61.503(2), Fla. Stat. (2008). The language used in the

Mannino v. Mannino

980 So. 2d 575, 2008 WL 1830522

District Court of Appeal of Florida | Filed: Apr 25, 2008 | Docket: 1736023

Cited 3 times | Published

dissolution judgment presents an arguable issue. See § 61.503(7) ("`Home state' means the state in which a child

Benson v. Evans

901 So. 2d 893, 2005 WL 879616

District Court of Appeal of Florida | Filed: Apr 18, 2005 | Docket: 1228417

Cited 3 times | Published

"person acting as a parent" within the meaning of section 61.503(13), Florida Statutes (2004), so there is no

Doyle v. Owens

881 So. 2d 717, 2004 WL 2047367

District Court of Appeal of Florida | Filed: Sep 15, 2004 | Docket: 1748722

Cited 3 times | Published

determining "child custody in family law matters"). See § 61.503(4), Fla. Stat. (2002) ("`Child custody proceeding'

Haugabook v. Jeffcoat-Hultberg

219 So. 3d 65, 2016 WL 8303559, 2016 Fla. App. LEXIS 19023

District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 60266568

Cited 2 times | Published

commencement of a' child custody proceeding.” § 61.503(7), Fla. Stat. (2016); Ga. Code § 19-9-41(7) (2016)

Ledoux-Nottingham v. Downs

163 So. 3d 560, 2015 Fla. App. LEXIS 4748, 2015 WL 1470080

District Court of Appeal of Florida | Filed: Apr 2, 2015 | Docket: 60247710

Cited 2 times | Published

“child custody proceeding” within the meaning of section 61.503(4), Florida Statutes (2013),2 it became enforceable

Barnes v. Barnes

124 So. 3d 994, 2013 WL 5807772, 2013 Fla. App. LEXIS 17206

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60235608

Cited 2 times | Published

the commencement of a child custody proceeding.” § 61.503(7), Fla. Stat. (2011). This court has concluded

Johnson v. Johnson

88 So. 3d 335, 2012 WL 1605469, 2012 Fla. App. LEXIS 7200

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308241

Cited 2 times | Published

state” determines jurisdiction over the child. Section 61.503(7) defines “home state” as “the state in which

Scudder v. Scudder

228 So. 3d 703, 2017 WL 4700100

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173160

Cited 1 times | Published

children’s “home state” under Florida’s UC-CJEA. See § 61.503(7), Fla. Stat. (2015) (defining “home state” for

Baker v. Tunney

201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

District Court of Appeal of Florida | Filed: Oct 21, 2016 | Docket: 4483409

Cited 1 times | Published

mentioned persons is part of the period. § 61.503(7), Fla. Stat. (2015) (emphasis added). The

Dept. of Children and Families v. M.N. and O.C.S.

199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 4418057

Cited 1 times | Published

the children’s home state under the UCCJEA. Section 61.503(7) defines “home state” as: (7) “Home

Nadine Mcindoo v. Ashley Atkinson

159 So. 3d 227, 2015 Fla. App. LEXIS 2151, 2015 WL 671167

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634845

Cited 1 times | Published

a “child custody proceeding” as defined by section 61.503(4), Florida Statutes (2013); (2) Florida was

Garces v. Legarda

86 So. 3d 602, 2012 WL 1592168, 2012 Fla. App. LEXIS 7191

District Court of Appeal of Florida | Filed: May 8, 2012 | Docket: 60307734

Cited 1 times | Published

Custody Jurisdiction and Enforcement Act, see § 61.503(4), Fla. Stat. (2011), the petition for dissolution

Schaffer v. Ling

76 So. 3d 940, 2011 Fla. App. LEXIS 15379, 2011 WL 4467341

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60304606

Cited 1 times | Published

care, or visitation with respect to a child.” § 61.503(3), Fla. Stat. (2010) (emphasis supplied). The

Lawrence v. Peyton

9 So. 3d 670, 2009 Fla. App. LEXIS 2857, 2009 WL 928527

District Court of Appeal of Florida | Filed: Apr 8, 2009 | Docket: 1667708

Cited 1 times | Published

"child custody in family law matters") see also § 61.503(3) Fla. Stat. (2008) ("`Child custody determination'

Kh v. Dept. of Children & Family Services

846 So. 2d 544, 2003 Fla. App. LEXIS 4069, 2003 WL 1524157

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1454607

Cited 1 times | Published

which applies to dependency proceedings, see § 61.503(4), Fla. Stat. (2002), provides that "a court

Michael Lindstrom v. Ana Paula Maschioro Lindstrom

District Court of Appeal of Florida | Filed: Apr 2, 2025 | Docket: 69834275

Published

it only applies where custody is at issue. See § 61.503(4), Fla. Stat. (2023) (“‘Child custody proceeding’

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705581

Published

determination concerning a particular child.” § 61.503(8), Fla. Stat. (2022). The “home state” is “the

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705580

Published

determination concerning a particular child.” § 61.503(8), Fla. Stat. (2022). The “home state” is “the

Mattingly, Mattingly v. Hatfield

District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290533

Published

the purpose of section 61.516, is defined in section 61.503(3), Florida Statutes, as follows:

ANTHONY T. LITSCH, III vs JULIE LITSCH N/K/A JULIE MILLS

District Court of Appeal of Florida | Filed: Oct 13, 2023 | Docket: 68034132

Published

the commencement of a child custody proceeding.” § 61.503(7), Fla. Stat. (2022). 2 The UCCJEA (sections

JACQUELINE VARNER vs BRIAN VARNER

District Court of Appeal of Florida | Filed: Oct 6, 2023 | Docket: 67229737

Published

33 So. 3d 827, 829 (Fla 5th DCA 2010) (citing § 61.503(4), Fla. Stat. (2009)). Therefore, an order regarding

LYNETTE LOGREIRA v. EFRAIN LOGREIRA

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65363934

Published

2014); see also § 61.13(2), Fla. Stat. (2022); § 61.503(2), Fla. Stat. (2022). We reverse the remaining

NAVIN CHATANI v. HEATHER BLAZE

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898820

Published

was filed. See § 61.514(1)(a), Fla. Stat. Section 61.503(7) defines a minor child’s home state as “the

K.D. v. IN RE: IN THE INTEREST OF P.P., R.P., and L.P.

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180096

Published

commencement of a child custody proceeding.” § 61.503(7), Fla. Stat. 2 In computing the requisite six-

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585918

Published

this state. . . . “Home state” is defined in section 61.503(7), and means the state in which a child

CASSIDY S. MILLER v. ALEX V. MITCHELL

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627046

Published

the commencement of a child custody proceeding.” § 61.503(7), Fla. Stat.4 In computing the requisite

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738439

Published

61.514(1)(a), Florida Statutes (2015). Section 61.503(7) provides, “‘Home state’ means the state

WAED JAMIL AWAD v. BASHIR M. NOUFAL

District Court of Appeal of Florida | Filed: Sep 13, 2019 | Docket: 16193034

Published

commencement of a child custody proceeding." § 61.503(7). A period of temporary absence is considered

N.B. v. Dep't of Children of Families

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718910

Published

the commencement of a child custody proceeding." § 61.503(7), Fla. Stat (2018).5 In computing the requisite

N.B. v. Dep't of Children of Families

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718911

Published

the commencement of a child custody proceeding." § 61.503(7), Fla. Stat (2018).5 In computing the requisite

HOMER MCABEE, III v. ALICIA MARIE MCABEE

259 So. 3d 134

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395139

Published

the mentioned persons is part of the period.” § 61.503(7), Fla. Stat. (2017).

Keogh v. Keogh

254 So. 3d 633

District Court of Appeal of Florida | Filed: Aug 27, 2018 | Docket: 7819892

Published

other monetary obligation of an individual. See § 61.503(3), Fla. Stat. (2017). This Act applies only to

JAMES LEIGH FERRIS v. DIANNA WINN, F/ K/ A DIANNA FERRIS

District Court of Appeal of Florida | Filed: Apr 6, 2018 | Docket: 6356572

Published

temporary, initial, and modification order." § 61.503(3). Further, Florida Rule of Civil Procedure

Elizabeth Kessinger, Former Wife v. Clifton J. Kessinger, Former Husband

228 So. 3d 1201, 2017 WL 5076912

District Court of Appeal of Florida | Filed: Nov 6, 2017 | Docket: 6217564

Published

that child lives with Ms. Kessinger in Georgia. § 61.503(2), Fla. Stat. (defining a “child” as an individual

Bahl v. Bahl

220 So. 3d 1214, 2016 Fla. App. LEXIS 18179, 2016 WL 7174169

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550691

Published

rights have not been previously terminated.” Section 61.503(3) defines “[c]hild custody determination”

T.B., the Father v. Department Of Children And Families

189 So. 3d 150, 2015 Fla. App. LEXIS 16009, 2015 WL 6496316

District Court of Appeal of Florida | Filed: Oct 28, 2015 | Docket: 3007732

Published

rights, and protection frQm domestic violence § 61.503(4), ■ Fla. Stat. (2014) (emphasis added). Thus

Billie v. Stier

141 So. 3d 584, 2014 Fla. App. LEXIS 5920, 2014 WL 1613661

District Court of Appeal of Florida | Filed: Apr 23, 2014 | Docket: 60241951

Published

“home state” depends on the facts of each case. Section 61.503(7), Florida Statutes (2012), defines “Home

Abouelseoud v. Elbadrawi

133 So. 3d 1079, 2014 WL 228739, 2014 Fla. App. LEXIS 592

District Court of Appeal of Florida | Filed: Jan 22, 2014 | Docket: 60238666

Published

relief or child custody in family law matters”); § 61.503(4), Fla. Stat. (2012) (defining a “child custody

Tillotson v. Tillotson

32 So. 3d 191, 2010 Fla. App. LEXIS 4960, 2010 WL 1461575

District Court of Appeal of Florida | Filed: Apr 14, 2010 | Docket: 1662771

Published

individual who has not attained 18 years of age." § 61.503(2). Because Dustin Tillotson was eighteen years

London v. London

32 So. 3d 107, 2009 Fla. App. LEXIS 15614, 2009 WL 3320189

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 1662393

Published

the time the Florida proceedings commenced. See § 61.503(7). Therefore, section 61.514(1)(a) is satisfied

Hunt v. Hooper

996 So. 2d 940, 2008 WL 5191505

District Court of Appeal of Florida | Filed: Dec 12, 2008 | Docket: 1692713

Published

from "foreign states," see § 55.602. See also § 61.503(15), Fla. Stat. (2007) (defining "state" for the

Gomez v. Suarez

992 So. 2d 272, 2008 Fla. App. LEXIS 9542, 2008 WL 2543541

District Court of Appeal of Florida | Filed: Jun 27, 2008 | Docket: 64855766

Published

Jurisdiction and Enforcement Act (UCCJEA). See § 61.503(7), Fla. Stat. (2007). Thereafter, the New Jersey

N.W.T. v. L.H.D.

955 So. 2d 1236, 2007 Fla. App. LEXIS 7164

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64850578

Published

the commencement of a child custody proceeding.” § 61.503(7). On the date the proceeding was commenced in

Simpson v. Young

884 So. 2d 186, 2004 Fla. App. LEXIS 10990, 2004 WL 1635154

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 64833446

Published

the Florida or the South Carolina statutes. See § 61.503(4) (“ ‘Child custody proceeding’ means a proceeding

E.K. v. Department of Children & Family Services

874 So. 2d 720, 2004 Fla. App. LEXIS 8019, 2004 WL 1252690

District Court of Appeal of Florida | Filed: Jun 9, 2004 | Docket: 64830953

Published

(2003). “Child custody proceedings,” defined in section 61.503(4) of the UCCJEA, include proceedings for dependency

Spindler v. Mayol

849 So. 2d 1102, 2003 Fla. App. LEXIS 7901, 2003 WL 21219799

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64824029

Published

however, extend to the support determinations. See § 61.503(3), Fla. Stat. (2002); Overcash v. Overcash, 466