Florida Statute 61.503 | Lawyer Caselaw & Research

The 2024 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:

Cases Citing Statute 61.503

Total Results: 20

Burgos v. Sequeira, Vargas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: UCCJEA in granting the Aunt's Petition. See §§ 61.503(3), (8); .514(1)(a). The trial court therefore

Mattingly, Mattingly v. Hatfield

Court: District Court of Appeal of Florida | Date Filed: 2024-02-28

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

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

Court: District Court of Appeal of Florida | Date Filed: 2023-10-13

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

JACQUELINE VARNER vs BRIAN VARNER

Court: District Court of Appeal of Florida | Date Filed: 2023-10-06

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2022-09-21

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

NAVIN CHATANI v. HEATHER BLAZE

Court: District Court of Appeal of Florida | Date Filed: 2022-08-17

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

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

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

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

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-12-01

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

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

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: District Court of Appeal of Florida | Date Filed: 2020-01-22

Snippet: from sections 61.503(7) and 61.514(1)(a), Florida Statutes (2015). Section 61.503(7) provides, “‘Home

WAED JAMIL AWAD v. BASHIR M. NOUFAL

Court: District Court of Appeal of Florida | Date Filed: 2019-09-13

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

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

HOMER MCABEE, III v. ALICIA MARIE MCABEE

Court: District Court of Appeal of Florida | Date Filed: 2018-12-12

Citation: 259 So. 3d 134

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

Keogh v. Keogh

Court: District Court of Appeal of Florida | Date Filed: 2018-08-27

Citation: 254 So. 3d 633

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

Ferris v. Winn

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

Citation: 242 So. 3d 509

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-06

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

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

Court: District Court of Appeal of Florida | Date Filed: 2017-11-06

Citation: 228 So. 3d 1201, 2017 WL 5076912

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

Scudder v. Scudder

Court: District Court of Appeal of Florida | Date Filed: 2017-10-20

Citation: 228 So. 3d 703, 2017 WL 4700100

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

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

Court: Supreme Court of Florida | Date Filed: 2017-02-16

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

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