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Florida Statute 61.503 | Lawyer Caselaw & Research

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The 2023 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 Casetext

Amendments to 61.503

Arrestable Offenses / Crimes under Fla. Stat. 61.503

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.503.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Litsch v. Litsch
No. 5D22-2632 (Fla. Dist. Ct. App. Oct. 13, 2023)
A child's "home state" is "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." § 61.503(7), Fla. Stat. (2022).
PAGE 3
Varner v. Varner
No. 5D23-446 (Fla. Dist. Ct. App. Oct. 6, 2023)
Former Wife petitions this Court for a writ of certiorari seeking to quash the trial court's order regarding child visitation dated November 14, 2022. Former Wife alleges this court has jurisdiction pursuant to article V, section 4(b)(3), of the Florida Constitution, and Florida Rule of Appellate Procedure 9.030(b)(3), which confer original jurisdiction upon district courts of appeal to issue writs of common law certiorari. However, nonfinal orders that determine "the rights or obligations of a party regarding child custody or time-sharing under a parenting plan" are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii)b. "A 'child custody proceeding' is defined as one in which legal custody, physical custody, residential care, or visitation with respect to a child is at issue." Hickey v. Burlinson, 33 So.3d 827, 829 (Fla 5th DCA 2010) (citing § 61.503(4), Fla. Stat. (2009)). Therefore, an order regarding child visitation is an appealable, nonfinal order. Id. As a result, we treat this matter as an appeal of a nonfinal order rather than a petition for writ of certiorari and affirm on all issues without further discussion.
PAGE 2
Miller v. Gordon
No. 1D22-888 (Fla. Dist. Ct. App. Jul. 5, 2023)
Along these lines, Florida law treats the establishment of a parenting plan, (which of course includes a time-sharing schedule) as being equivalent to a custody determination. See § 61.046(14)(c), Fla. Stat. (defining "parenting plan" and stating that an "order incorporating a parenting plan under this part is a child custody determination under part II of this chapter," the UCCJEA). "The subject matter involved in the question of custody of minor children is the children themselves ...." Dorman v. Friendly, 1 So.2d 734, 736 (Fla. 1941). Once the circuit court acquires jurisdiction over the child in a dispute over custody issues, then, the child "is the ward of the court," and the court's "first consideration to be observed is the welfare of the child[]." Id. The circuit court undoubtedly had jurisdiction over both C.S. and the petition filed by Miller. See § 61.514(1)-(2), Fla. Stat. (outlining, as part of the UCCJEA, the exclusive means by which a circuit court can establish "jurisdiction to make an initial child custody determination," based on the child's home state); see also § 61.503( 4), (7), (8), Fla. Stat. (defining "child custody proceeding," "home state," and…
Beehler v. Beehler
351 So. 3d 1257 (Fla. Dist. Ct. App. 2022) Cited 1 times
Moreover, we must bear in mind that there can be more than one "child custody determination" made over time by the same trial court. The term "child custody determination" is broadly defined to include not just the initial determination of custody but also any subsequent modification. See § 61.503(3), Fla. Stat. In a case like this one, where the trial court already has made the original custody determination (thereby acquiring "exclusive, continuing jurisdiction"), any subsequent request for modification or enforcement commences a proceeding for a new "child custody determination." Cf. § 61.503(4), Fla. Stat. (defining "child custody proceeding" as one "in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue" (emphasis supplied)); see Yurgel, 572 So. 2d at 1331 (distinguishing between the initial exercise of jurisdiction regarding custody and subsequent "modification jurisdiction"). Terms like "decline" and "at any time" appearing in the statute indicate that the trial court can make this forum determination whenever it is called upon to exercise its jurisdiction to resolve a custody dispute.
PAGE 1261
Logreira v. Logreira
No. 3D21-0915 (Fla. Dist. Ct. App. Sep. 21, 2022)
Appellant, the mother, appeals a post-decretal order rendered pursuant to a motion for modification of time-sharing filed by appellee, the father. In the order, the trial court directed the parties' children to participate in Family Bridges, an intensive program purporting to remedy the effects of Parental Alienation Syndrome ("PAS"). The oldest child turned eighteen during the pendency of this appeal. Consequently, the family court no longer has jurisdiction over him, rendering the portion of the challenged order requiring him to participate moot. See Ford v. Ford, 153 So.3d 315, 317 (Fla. 4th DCA 2014); Hardman v. Koslowski, 135 So.3d 434, 436 (Fla. 1st DCA 2014); see also § 61.13(2), Fla. Stat. (2022); § 61.503(2), Fla. Stat. (2022). We reverse the remaining provisions of the order because the father failed to present competent, substantial evidence that participation in the program serves in the best interests of the remaining child.
PAGE 2
Chatani v. Blaze
346 So. 3d 670 (Fla. Dist. Ct. App. 2022)
Motion to dismiss
The Father argues the trial court erred in dismissing his petition because the minor child's "habitual residence" was Florida within six months preceding his petition as the Mother and minor child's move to Michigan was merely a temporary absence. Section 61.514 "is the exclusive jurisdictional basis for making a child custody determination by a court of this state." § 61.514(2), Fla. Stat. Section 61.514(1)(a) provides Florida has jurisdiction over a child custody action if Florida was the home state of the minor child on the date the petition was filed or was the home state of the minor child within six months before the petition was filed. See § 61.514(1)(a), Fla. Stat. Section 61.503(7) defines a minor child's home state as "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." § 61.503(7), Fla. Stat. Section 61.503(7) further states a "period of temporary absence" is included in the relevant six-month period, but a period of temporary absence is not defined.
PAGE 673
K.D. v. In re P.P.
338 So. 3d 356 (Fla. Dist. Ct. App. 2022)
Motion to dismiss
§ 61.503(13), Fla. Stat.; Ohio Rev. Code Ann. § 3127.01(13) (West 2022).
PAGE 358
Alvarez v. Jimenez
337 So. 3d 117 (Fla. Dist. Ct. App. 2021) Cited 1 times
person acting as a parent continues to live in this state.... "Home state" is defined in section 61.503(7), and means the state in which a child lived with a parent or a person acting as a parent for at
Miller v. Mitchell
328 So. 3d 1067 (Fla. Dist. Ct. App. 2021) Cited 1 times
In 2002, the Florida Legislature adopted provisions of the UCCJEA, as codified in chapter 61, Florida Statutes. See Steckler v. Steckler, 921 So. 2d 740, 742 n.1 (Fla. 5th DCA 2006). Pursuant to the initial child custody provision of the UCCJEA, as set forth in section 61.514, Florida Statutes, jurisdiction to determine initial custody matters is vested in the "home state" of the child. Arjona v. Torres, 941 So. 2d 451, 454 (Fla. 3d DCA 2006). "Home state" is defined as "the state in which a child lived with a parent or a person acting as a parent for at least [six] consecutive months immediately before the commencement of a child custody proceeding." § 61.503(7), Fla. Stat. In computing the requisite six-month period, "[a] ... temporary absence of [a parent or person acting as a parent] is part of the period." Id.; N.J. Stat. Ann. § 2A:34-54 (West). Moreover, "[t]he state with home state jurisdiction over the child has [jurisdictional] priority under the UCCJEA." Baker v. Tunney, 201 So. 3d 1235, 1237 (Fla. 5th DCA 2016) ; see also § 61.514, Fla. Stat.; N.J. Stat. Ann. § 2A:34-65 (West).
PAGE 1070
Stone v. Suzuki
308 So. 3d 1100 (Fla. Dist. Ct. App. 2020)
Section 61.503(7) defines "home state" as "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." See M.A.C. v. M.D.H., 88 So. 3d 1050, 1054 (Fla. 2d DCA 2012) (noting that the "home state" determination under the UCCJEA allows for Florida to exercise jurisdiction if, at any time within the six months preceding the filing of the petition, Florida qualified as the home state).
PAGE 1105
Cases from cite.case.law:
N. B. v. DEPARTMENT OF CHILDREN OF FAMILIES,, 274 So. 3d 1163 (Fla. App. Ct. 2019)

. . . ." § 61.503(7), Fla. Stat (2018). . . . We agree that, under the broad statutory definition promulgated in section 61.503(4), Florida Statutes . . . defines "abandoned" as "left without provision for reasonable and necessary care or supervision." § 61.503 . . . Section 61.503(4), Florida Statutes (2018), defines "[c]hild custody proceeding" as "a proceeding in . . .
MCABEE, III, v. MCABEE,, 259 So. 3d 134 (Fla. App. Ct. 2018)

. . . ." § 61.503(4), Fla. . . . The term includes a permanent, temporary, initial, [and/or] modification order." § 61.503(3), Fla. . . . A period of temporary absence of any of the mentioned persons is part of the period." § 61.503(7), Fla . . .
KEOGH, v. KEOGH,, 254 So. 3d 633 (Fla. App. Ct. 2018)

. . . See § 61.503(3), Fla. Stat. (2017). This Act applies only to the issue of custody. Patterson v. . . .
FERRIS, v. WINN f k a M., 242 So. 3d 509 (Fla. App. Ct. 2018)

. . . ." § 61.503(3). . . .
KESSINGER, v. J. KESSINGER,, 228 So. 3d 1201 (Fla. Dist. Ct. App. 2017)

. . . . § 61.503(2), Fla. Stat. (defining a “child” as an individual who has not turned eighteen). . . .
SCUDDER, v. SCUDDER,, 228 So. 3d 703 (Fla. Dist. Ct. App. 2017)

. . . See § 61.503(7), Fla. . . . could have established a Florida residency for the parties or their children under sections 61.021, 61.503 . . .
D. LEDOUX- NOTTINGHAM, v. DOWNS,, 210 So. 3d 1217 (Fla. 2017)

. . . order was a final judgment and emanated from a “child custody proceeding” within the meaning of section 61.503 . . .
L. HAUGABOOK, v. JEFFCOAT- HULTBERG,, 219 So. 3d 65 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.503(7), Fla. Stat. (2016); Ga. Code § 19-9-41(7) (2016). . . .
R. BAHL, v. P. BAHL,, 220 So. 3d 1214 (Fla. Dist. Ct. App. 2016)

. . . Section 61.503(3) defines “[c]hild custody determination” as “a judgment, decree, or other order of a . . .
BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . . § 61.503(7), Fla. Stat. (2015) (emphasis added). . . . than a “parent” who “claims a right to a child-custody determination under the laws of this state.” § 61.503 . . . See § 61.503(7), Fla; Stat. (2015); Fleckles v. . . .
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, v. M. N. O. C. S., 199 So. 3d 452 (Fla. Dist. Ct. App. 2016)

. . . Section 61.503(7) defines “home state” as: (7) “Home state” means the state in which a child lived with . . . Under section 61.503(15), Puerto Rico is a “state” for purposes of the UCCJEA as enacted in Florida, . . .
T. B. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 189 So. 3d 150 (Fla. Dist. Ct. App. 2015)

. . . , guardianship, paternity, termination, of parental rights, and protection frQm domestic violence § 61.503 . . .
D. LEDOUX- NOTTINGHAM, v. DOWNS, 163 So. 3d 560 (Fla. Dist. Ct. App. 2015)

. . . order was a final judgment and emanated from a “child custody proceeding” within the meaning of section 61.503 . . .
McINDOO, v. ATKINSON,, 159 So. 3d 227 (Fla. Dist. Ct. App. 2015)

. . . : (1) the mother did not file a motion regarding a “child custody proceeding” as defined by section 61.503 . . . Appellate Analysis and Disposition “Child Custody Proceeding” Section 61.503(4), Florida Statutes (2013 . . . involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524-61.540. § 61.503 . . . Section 61.503(7), Florida Statutes (2013), provides: (7) “Home state” means the state in which a child . . . A period of temporary absence of any of the mentioned persons is part of the period. § 61.503(7), Fla . . .
BILLIE, v. STIER,, 141 So. 3d 584 (Fla. Dist. Ct. App. 2014)

. . . Section 61.503(7), Florida Statutes (2012), defines “Home state” as “the state in which a child lived . . .
HARDMAN, v. KOSLOWSKI,, 135 So. 3d 434 (Fla. Dist. Ct. App. 2014)

. . . See § 61.503(2), Fla. Stat. (2004). . . .
ABOUELSEOUD, v. ELBADRAWI,, 133 So. 3d 1079 (Fla. Dist. Ct. App. 2014)

. . . that determine “the right to immediate monetary relief or child custody in family law matters”); § 61.503 . . .
BARNES, v. M. BARNES,, 124 So. 3d 994 (Fla. Dist. Ct. App. 2013)

. . . .” § 61.503(7), Fla. Stat. (2011). . . .
M. A. C. v. M. D. H., 88 So. 3d 1050 (Fla. Dist. Ct. App. 2012)

. . . consecutive months immediately before the commencement of a child custody proceeding,” as required by F.S. 61.503 . . . Section 61.503(4) defines a “child custody proceeding” as “a proceeding in which ... visitation with . . . “Home state” is defined in section 61.503(7) as “the state in which a child lived with a parent or a . . .
H. JOHNSON, III, v. JOHNSON,, 88 So. 3d 335 (Fla. Dist. Ct. App. 2012)

. . . Section 61.503(7) defines “home state” as “the state in which a child lived with a parent or a person . . .
GARCES, v. LEGARDA,, 86 So. 3d 602 (Fla. Dist. Ct. App. 2012)

. . . "child custody proceeding” under the Uniform Child Custody Jurisdiction and Enforcement Act, see § 61.503 . . .
J. SCHAFFER, v. S. LING,, 76 So. 3d 940 (Fla. Dist. Ct. App. 2011)

. . . .” § 61.503(3), Fla. Stat. (2010) (emphasis supplied). . . . The term includes a proceeding for ... paternity....” § 61.503(4), Fla. Stat. (emphasis supplied). . . .
SARPEL f k a v. EFLANLI,, 65 So. 3d 1080 (Fla. Dist. Ct. App. 2011)

. . . .” § 61.503(7), Fla. Stat. The UCCJEA does not define a “temporary absence.” . . . at least 6 consecutive months immediately before the commencement of a child custody proceeding.” § 61.503 . . . See § 61.503(7), Fla. Stat. . . .
M. HOLUB, v. E. HOLUB,, 54 So. 3d 585 (Fla. Dist. Ct. App. 2011)

. . . supports the trial court’s exercise of jurisdiction pursuant to sections 61.514(l)(a), 61.514(l)(b), and 61.503 . . . “Home state" is defined in section 61.503(7), Florida Statutes, as: "the state in which a child lived . . .
HICKEY, v. R. BURLINSON,, 33 So. 3d 827 (Fla. Dist. Ct. App. 2010)

. . . See § 61.503(4), Fla. Stat. (2009). . . .
HINDLE, v. FUITH,, 33 So. 3d 782 (Fla. Dist. Ct. App. 2010)

. . . .” § 61.503(7), Fla. Stat. (2003). . . . Florida for six consecutive months prior to the commencement of the paternity action in November 2003. § 61.503 . . .
TILLOTSON, n k a v. TILLOTSON,, 32 So. 3d 191 (Fla. Dist. Ct. App. 2010)

. . . .” § 61.503(2). . . .
LONDON, v. LONDON,, 32 So. 3d 107 (Fla. Dist. Ct. App. 2009)

. . . See § 61.503(7). Therefore, section 61.514(l)(a) is satisfied. . . .
GAMACHE, v. L. GAMACHE,, 14 So. 3d 1236 (Fla. Dist. Ct. App. 2009)

. . . See § 61.503(2), Fla. Stat. (2008). . . .
COBO, v. SIERRALTA,, 13 So. 3d 493 (Fla. Dist. Ct. App. 2009)

. . . state is the home state of the child on the date of the commencement of the proceeding”); see also % 61.503 . . .
LAWRENCE, v. PEYTON,, 9 So. 3d 670 (Fla. Dist. Ct. App. 2009)

. . . (allowing appeal of non-final orders determining “child custody in family law matters”) see also § 61.503 . . .
KARAM, v. KARAM,, 6 So. 3d 87 (Fla. Dist. Ct. App. 2009)

. . . .” § 61.503(7). The UC-CJEA is a “jurisdictional act which controls custody disputes. . . .
LANDE, v. A. LANDE,, 2 So. 3d 378 (Fla. Dist. Ct. App. 2008)

. . . .” § 61.503(7), Fla. Stat. (2007). . . .
HUNT Jr. v. HOOPER UTD, 996 So. 2d 940 (Fla. Dist. Ct. App. 2008)

. . . See also § 61.503(15), Fla. . . .
HOLLOWELL, v. TAMBURRO,, 991 So. 2d 1022 (Fla. Dist. Ct. App. 2008)

. . . A “child custody determination” under section 61.503(3), Florida Statutes (2008), is an order providing . . .
GOMEZ, v. SUAREZ,, 992 So. 2d 272 (Fla. Dist. Ct. App. 2008)

. . . See § 61.503(7), Fla. Stat. (2007). . . .
MANNINO, v. MANNINO,, 980 So. 2d 575 (Fla. Dist. Ct. App. 2008)

. . . See § 61.503(7) (" ‘Home state’ means the state in which a child lived with a parent or a person acting . . .
In D. N. H. W. a N. W. T. G. S. T. v. L. H. D. S. W., 955 So. 2d 1236 (Fla. Dist. Ct. App. 2007)

. . . .” § 61.503(7). . . .
ARJONA a k a v. TORRES a k a, 941 So. 2d 451 (Fla. Dist. Ct. App. 2006)

. . . custody matters (except for temporary emergency matters) to the “home state” of the child, and section 61.503 . . .
S. STECKLER, v. E. STECKLER,, 921 So. 2d 740 (Fla. Dist. Ct. App. 2006)

. . . See § 61.503(4), Fla. . . .
M. BENSON, v. EVANS,, 901 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . Texas for over three years with petitioner, a “person acting as a parent” within the meaning of section 61.503 . . .
C. DOYLE, v. OWENS,, 881 So. 2d 717 (Fla. Dist. Ct. App. 2004)

. . . See § 61.503(4), Fla. . . .
SIMPSON v. C. YOUNG, III, M., 884 So. 2d 186 (Fla. Dist. Ct. App. 2004)

. . . See § 61.503(4) (“ ‘Child custody proceeding’ means a proceeding in which legal custody, physical custody . . .
In S. M. a E. K. v., 874 So. 2d 720 (Fla. Dist. Ct. App. 2004)

. . . “Child custody proceedings,” defined in section 61.503(4) of the UCCJEA, include proceedings for dependency . . .
SPINDLER, v. MAYOL,, 849 So. 2d 1102 (Fla. Dist. Ct. App. 2003)

. . . See § 61.503(3), Fla. Stat. (2002); Overcash v. Overcash, 466 So.2d 1261 (Fla. 2d DCA 1985). . . .
K. H. v. DEPARTMENT OF CHILDREN FAMILY SERVICES,, 846 So. 2d 544 (Fla. Dist. Ct. App. 2003)

. . . Child Custody Jurisdiction and Enforcement Act [UC-CJA], which applies to dependency proceedings, see § 61.503 . . .