Florida/Georgia Personal Injury & Workers Compensation

...an initial custody determination. “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 6 consecutive months immediately before the commencement of a child custody proceeding.” § 61.508(7), Fla....

...Johnson’s petition for dissolution of marriage requested a parenting plan. Mrs. Johnson’s motion to dismiss put the Florida court’s jurisdiction over their child at issue. Thus, the first determination the trial court had to make was whether Florida had jurisdiction over the child pursuant to the UCCJEA. See § 61.508....

...e court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. . Section 61.508 provides: Priority....

...that the trial court has neglected to do."). Accordingly, we reverse the circuit court's order and remand for the court to convene, as expeditiously as possible, an evidentiary hearing on Ms. Scudder's jurisdictional challenge. See § 61.508 ("If a question of existence or exercise of jurisdiction under [the UCCJEA] is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.")....

...The trial court denied the request to hear the motion on an emergency basis and instructed the Aunt's counsel to schedule the motion for hearing. On January 30, 2024, the Aunt filed an Expedited Motion for a UCCJEA Evidentiary Hearing Pursuant to Florida Statute 61.508 and unsuccessfully attempted to set the matter for hearing. 1 1 Section 61.508, headed "Priority," provides, "If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled e...

...forth in section 61.520(2), before making a determination whether or not the Florida case should be formally transferred to" another jurisdiction 7 (emphasis added)).4 This matter shall be given priority pursuant to section 61.508. Reversed and remanded. SLEET, C.J., and ATKINSON, J., Concur. Opinion subject to revision prior to official publication. 4 This opinion is not to be construed as requiring the trial court to hold an evidentiary...

...2d DCA 2011) (“We must reverse and remand for a full evidentiary hearing because the Mother was denied procedural due process—the circuit court did not give her the opportunity to raise and develop the issue of lack of subject matter jurisdiction.”); see also § 61.508, Fla....