The 2023 Florida Statutes
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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).
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.
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…
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.
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.
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.
§ 61.503(13), Fla. Stat.; Ohio Rev. Code Ann. § 3127.01(13) (West 2022).
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
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).
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).
. . . ." § 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 . . .
. . . ." § 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 . . .
. . . See § 61.503(3), Fla. Stat. (2017). This Act applies only to the issue of custody. Patterson v. . . .
. . . . § 61.503(2), Fla. Stat. (defining a “child” as an individual who has not turned eighteen). . . .
. . . See § 61.503(7), Fla. . . . could have established a Florida residency for the parties or their children under sections 61.021, 61.503 . . .
. . . order was a final judgment and emanated from a “child custody proceeding” within the meaning of section 61.503 . . .
. . . .” § 61.503(7), Fla. Stat. (2016); Ga. Code § 19-9-41(7) (2016). . . .
. . . Section 61.503(3) defines “[c]hild custody determination” as “a judgment, decree, or other order of a . . .
. . . . § 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. . . .
. . . 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, . . .
. . . , guardianship, paternity, termination, of parental rights, and protection frQm domestic violence § 61.503 . . .
. . . order was a final judgment and emanated from a “child custody proceeding” within the meaning of section 61.503 . . .
. . . : (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 . . .
. . . Section 61.503(7), Florida Statutes (2012), defines “Home state” as “the state in which a child lived . . .
. . . See § 61.503(2), Fla. Stat. (2004). . . .
. . . that determine “the right to immediate monetary relief or child custody in family law matters”); § 61.503 . . .
. . . .” § 61.503(7), Fla. Stat. (2011). . . .
. . . 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 . . .
. . . Section 61.503(7) defines “home state” as “the state in which a child lived with a parent or a person . . .
. . . "child custody proceeding” under the Uniform Child Custody Jurisdiction and Enforcement Act, see § 61.503 . . .
. . . .” § 61.503(3), Fla. Stat. (2010) (emphasis supplied). . . . The term includes a proceeding for ... paternity....” § 61.503(4), Fla. Stat. (emphasis supplied). . . .
. . . .” § 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. . . .
. . . 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 . . .
. . . See § 61.503(4), Fla. Stat. (2009). . . .
. . . .” § 61.503(7), Fla. Stat. (2003). . . . Florida for six consecutive months prior to the commencement of the paternity action in November 2003. § 61.503 . . .
. . . .” § 61.503(2). . . .
. . . See § 61.503(7). Therefore, section 61.514(l)(a) is satisfied. . . .
. . . See § 61.503(2), Fla. Stat. (2008). . . .
. . . state is the home state of the child on the date of the commencement of the proceeding”); see also % 61.503 . . .
. . . (allowing appeal of non-final orders determining “child custody in family law matters”) see also § 61.503 . . .
. . . .” § 61.503(7). The UC-CJEA is a “jurisdictional act which controls custody disputes. . . .
. . . .” § 61.503(7), Fla. Stat. (2007). . . .
. . . See also § 61.503(15), Fla. . . .
. . . A “child custody determination” under section 61.503(3), Florida Statutes (2008), is an order providing . . .
. . . See § 61.503(7), Fla. Stat. (2007). . . .
. . . See § 61.503(7) (" ‘Home state’ means the state in which a child lived with a parent or a person acting . . .
. . . .” § 61.503(7). . . .
. . . custody matters (except for temporary emergency matters) to the “home state” of the child, and section 61.503 . . .
. . . See § 61.503(4), Fla. . . .
. . . Texas for over three years with petitioner, a “person acting as a parent” within the meaning of section 61.503 . . .
. . . See § 61.503(4) (“ ‘Child custody proceeding’ means a proceeding in which legal custody, physical custody . . .
. . . “Child custody proceedings,” defined in section 61.503(4) of the UCCJEA, include proceedings for dependency . . .
. . . See § 61.503(3), Fla. Stat. (2002); Overcash v. Overcash, 466 So.2d 1261 (Fla. 2d DCA 1985). . . .
. . . Child Custody Jurisdiction and Enforcement Act [UC-CJA], which applies to dependency proceedings, see § 61.503 . . .