Florida Statutes

Fla. Stat. § 61.503 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 67 cases (14 in the last 5 years), 2003–2025 · leading case: Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006).

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Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). · cites it 4× “§ 36-6-205(13) (A) — (B); accord Fla. Stat. Ann. § 61.503 (13)(a)-(b); UCCJEA § 102(13)(A)-(B), 9 U.”

Homer Mcabee, III v. Alicia Marie Mcabee, 259 So. 3d 134 (Fla. 4th DCA 2018). · cites it 6× “” § 61.503(3), Fla. Stat. Here, it cannot be disputed that a child custody proceeding had commenced in Virginia (as early as 2013), and that a custody determination had been made by a Virginia court—most recently, 6 in April of 2017.”

Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). · cites it 4× “While the UC-CJEA does not specifically define “parent,” the definition of “person acting as a parent” includes a person other than a “parent” who “claims a right to a child-custody determination under the laws of this state.”

Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). · cites it 6× “” § 61.503(7), Fla. Stat. The UCCJEA does not define a “temporary absence.”

Nadine Mcindoo v. Ashley Atkinson, 159 So. 3d 227 (Fla. 4th DCA 2015). · cites it 10× “§ 61.503(4), Fla. Stat. (2013) (emphasis added).”

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc., 210 So. 3d 1217 (Fla. 2017). · cites it 2× “The district court concluded that the trial court properly enforced the Colorado order granting the Grandparents visitation, reasoning as follows: Since the Colorado order was a final judgment and emanated from a “child custody proceeding” within the meaning of section…”

In the Interest of S.J.A., 272 S.W.3d 678 (Tex. App. 2008). · cites it 5× “” Fla. Stat. § 61.503 (3). 6 After Father filed suit over the maternal grandmother’s comments to one of the children, the Florida court entered an order regarding child support for the children.”

Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). · cites it 2× “See § 61.503(4), Fla. Stat. (2005) (defining a "child custody proceeding" to include any proceeding involving protection from domestic violence, in which child custody is an issue).”

Hindle v. FUITH, 33 So. 3d 782 (Fla. 5th DCA 2010). · cites it 4× “” § 61.503(7), Fla. Stat. (2003). The UCCJEA gives jurisdictional priority to the child’s home state.”

Lande v. Lande, 2 So. 3d 378 (Fla. 4th DCA 2008). · cites it 2× “” § 61.503(7), Fla. Stat. (2007). A foreign country is treated as a state of the United States for jurisdiction purposes.”

Holub v. Holub, 54 So. 3d 585 (Fla. 1st DCA 2011). · cites it 2× ““Home state" is defined in section 61.503(7), Florida Statutes, as: "the state in which a child lived with a parent .”

M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). · cites it 3× “Section 61.503(4) defines a “child custody proceeding” as “a proceeding in which .”

Show all 67 citing cases →

— 61.503(1) — 2 cases

N.B. v. Dep't of Child. of Families, 274 So. 3d 1163 (Fla. 3d DCA 2019).

— 61.503(13) — 4 cases

Benson v. Evans, 901 So. 2d 893 (Fla. 4th DCA 2005).

K.D. v. In Re: in the Interest of P.p., R.p., & L.P. (Fla. 3d DCA 2022).

Alexis Aluise & Andrew Aluise v. Glenda Spanos (Fla. 5th DCA 2025).

Mattingly, Mattingly v. Hatfield (Fla. 1st DCA 2024).

— 61.503(13)(a) — 1 case

Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). “While the UC-CJEA does not specifically define “parent,” the definition of “person acting as a parent” includes a person other than a “parent” who “claims a right to a child-custody determination under the laws of this state.”

— 61.503(13)(b) — 1 case

Mattingly, Mattingly v. Hatfield (Fla. 1st DCA 2024).

— 61.503(14) — 1 case

Alexis Aluise & Andrew Aluise v. Glenda Spanos (Fla. 5th DCA 2025).

— 61.503(15) — 2 cases

Dept. of Child. & Families v. M.N. & O.C.S., 199 So. 3d 452 (Fla. 3d DCA 2016).

Hunt v. Hooper, 996 So. 2d 940 (Fla. 2d DCA 2008).

— 61.503(2) — 5 cases

Hardman v. Koslowski, 135 So. 3d 434 (Fla. 1st DCA 2014).

Gamache v. Gamache, 14 So. 3d 1236 (Fla. 2d DCA 2009).

Tillotson v. Tillotson, 32 So. 3d 191 (Fla. 2d DCA 2010).

Elizabeth Kessinger, Former Wife v. Clifton J. Kessinger, Former Husband, 228 So. 3d 1201 (Fla. 1st DCA 2017).

Lynette Logreira v. Efrain Logreira (Fla. 3d DCA 2022).

— 61.503(3) — 10 cases

Homer Mcabee, III v. Alicia Marie Mcabee, 259 So. 3d 134 (Fla. 4th DCA 2018). “” § 61.503(3), Fla. Stat. Here, it cannot be disputed that a child custody proceeding had commenced in Virginia (as early as 2013), and that a custody determination had been made by a Virginia court—most recently, 6 in April of 2017.”

Hollowell v. Tamburro, 991 So. 2d 1022 (Fla. 4th DCA 2008).

Ferris v. Winn, 242 So. 3d 509 (Fla. 2d DCA 2018).

Schaffer v. Ling, 76 So. 3d 940 (Fla. 4th DCA 2011).

Bahl v. Bahl, 220 So. 3d 1214 (Fla. 2d DCA 2016).

— 61.503(4) — 20 cases

Ruth D. Ledoux-Nottingham v. Jennifer Joy Downs, etc., 210 So. 3d 1217 (Fla. 2017). “The district court concluded that the trial court properly enforced the Colorado order granting the Grandparents visitation, reasoning as follows: Since the Colorado order was a final judgment and emanated from a “child custody proceeding” within the meaning of section…”

Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). “See § 61.503(4), Fla. Stat. (2005) (defining a "child custody proceeding" to include any proceeding involving protection from domestic violence, in which child custody is an issue).”

Nadine Mcindoo v. Ashley Atkinson, 159 So. 3d 227 (Fla. 4th DCA 2015). “§ 61.503(4), Fla. Stat. (2013) (emphasis added).”

Hickey v. Burlinson, 33 So. 3d 827 (Fla. 5th DCA 2010).

— 61.503(7) — 33 cases

Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “” § 61.503(7), Fla. Stat. The UCCJEA does not define a “temporary absence.”

Hindle v. FUITH, 33 So. 3d 782 (Fla. 5th DCA 2010). “” § 61.503(7), Fla. Stat. (2003). The UCCJEA gives jurisdictional priority to the child’s home state.”

Lande v. Lande, 2 So. 3d 378 (Fla. 4th DCA 2008). “” § 61.503(7), Fla. Stat. (2007). A foreign country is treated as a state of the United States for jurisdiction purposes.”

— 61.503(8) — 2 cases

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez (Fla. 4th DCA 2025).

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