Florida Statute 61.514 | 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. 61.514

61.514 Initial child custody jurisdiction.—

(1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if:

(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(b) A court of another state does not have jurisdiction under paragraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521, and:

1. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

2. Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;

(c) All courts having jurisdiction under paragraph (a) or paragraph (b) have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521; or

(d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c).

(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

History.—s. 5, ch. 2002-65.

F.S. 61.514 on Google Scholar

F.S. 61.514 on Casetext

Amendments to 61.514

Arrestable Offenses / Crimes under Fla. Stat. 61.514

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.514.

Annotations, Discussions, Cases:

Cases Citing Statute 61.514

Total Results: 20

Racquel Dorvil v. Jacarr Atwell

Court: District Court of Appeal of Florida | Date Filed: 2024-12-04

Snippet: section 61.519(2) of the UCCJEA. Section 61.514(1)(a) provides that Florida has jurisdiction if

Natalie Radko v. Shahar Levi

Court: District Court of Appeal of Florida | Date Filed: 2024-09-04

Snippet: pick-up minor child, entered pursuant to section 61.514, Florida Statutes (2024). The parties originally

Mattingly, Mattingly v. Hatfield

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

Snippet: jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and: (1) The court of the

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: applies to initial custody determinations. See § 61.514(1)(a), Fla. Stat. (2016) (stating that a court

NAVIN CHATANI v. HEATHER BLAZE

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

Snippet: the minor child’s home state pursuant to section 61.514, Florida Statutes. The Michigan court agreed Michigan

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: the “home state” of the child. See § 61.514(1)(a), Fla. Stat. (2022); Arjona v. Torres, 941

ONTHONIO WHYTE v. VALENTINA ECKERT WHYTE

Court: District Court of Appeal of Florida | Date Filed: 2022-03-02

Snippet: 2018 he earned $90,893.65, and in 2019 he earned $61,514.52 for seven months of seasonal work. At the wife’s

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

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

Snippet: determination under section 61.514, Florida Statutes (2015).1 1 Section 61.514(1) provides the circumstances

CASSIDY S. MILLER v. ALEX V. MITCHELL

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

Snippet: provision of the UCCJEA, as set forth in section 61.514, Florida Statutes, jurisdiction to determine initial

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

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

Snippet: jurisdictional priority arises from sections 61.503(7) and 61.514(1)(a), Florida Statutes (2015). Section 61

WAED JAMIL AWAD v. BASHIR M. NOUFAL

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

Snippet: -2- Section 61.514(1)(a), Florida Statutes (2017), provides that Florida

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: jurisdiction provision of the UCCJEA, codified in section 61.514, Florida Statutes (2018), the child's "home state"

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: jurisdiction provision of the UCCJEA, codified in section 61.514, Florida Statutes (2018), the child's "home state"

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: of a state having jurisdiction under ss. 61.514–61.516, shall immediately communicate with the

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

Snippet: jurisdiction for other statutory reasons. See §61.514(1), Fla. Stat; §61.516, Fla. Stat. There is no

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 under sections 61.021, 61.503(4), and 61.514. Therefore, the Collier County Circuit Court could

Haugabook v. Jeffcoat-Hultberg

Court: District Court of Appeal of Florida | Date Filed: 2016-12-22

Citation: 219 So. 3d 65, 2016 WL 8303559, 2016 Fla. App. LEXIS 19023

Snippet: generally limited to the “home state” of the child, § 61.514, Fla. Stat. (2016); Ga. Code § 19-9-61 (2016),

Earney v. Quiloan

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 206 So. 3d 147, 2016 Fla. App. LEXIS 18211

Snippet: as a parent continues to live in this state.” § 61.514, Fla. Stat. (2016). Here, Father’s undisputed mental

Baker v. Tunney

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

Snippet: date of the commencement of the proceeding.” § 61.514(l)(a), Fla. Stat. (2015). “Home state” is defined

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2015-03-26

Citation: 173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Snippet: Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____A certified out-of-state