Florida Statute 61.514 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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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 CourtListener

Amendments to 61.514

Annotations, Discussions, Cases:

Cases Citing Statute 61.514

Total Results: 55

Sanchez v. Fernandez

915 So. 2d 192, 2005 WL 1751268

District Court of Appeal of Florida | Filed: Jul 27, 2005 | Docket: 1690635

Cited 26 times | Published

Florida can have jurisdiction only if, under section 61.514(1)(b), no other state is the home state of

Arjona v. Torres

941 So. 2d 451, 2006 WL 3019578

District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1523620

Cited 15 times | Published

purposes of this act. § 61.506, Fla. Stat (2005). Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally

Ogilvie v. Ogilvie

954 So. 2d 698, 2007 WL 1146458

District Court of Appeal of Florida | Filed: Apr 19, 2007 | Docket: 636583

Cited 14 times | Published

jurisdiction to make an initial determination (under section 61.514(1)(a) or (b)) are present, and the Florida

Steckler v. Steckler

921 So. 2d 740, 2006 WL 359673

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1659670

Cited 14 times | Published

that issued the initial custody determination); § 61.514, Fla. Stat. (2005); N.D. Cent. Code § 14-14.1-12

Hindle v. FUITH

33 So. 3d 782, 2010 Fla. App. LEXIS 5347, 2010 WL 1626410

District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 1649168

Cited 11 times | Published

the date of the commencement of the proceeding." § 61.514(1)(a), Fla. Stat. (2003).[2] "Home state" is defined

Frier v. Frier

13 So. 3d 145, 2009 Fla. App. LEXIS 7199, 2009 WL 1586822

District Court of Appeal of Florida | Filed: Jun 9, 2009 | Docket: 60237588

Cited 10 times | Published

having personal jurisdiction over a party. See § 61.514(3), Fla. Stat. (2008); Brulte v. Brulte, 967 So

In Re DNHW

955 So. 2d 1236, 2007 WL 1373775

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 1659182

Cited 10 times | Published

Florida is not the child's "home state" under section 61.514, Florida Statutes (2004). In light of the undisputed

McGhee v. Biggs

974 So. 2d 524, 2008 WL 313589

District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1367578

Cited 9 times | Published

modification if Florida has initial jurisdiction under section 61.514(1)(a) or (b), they are not applicable either

Lande v. Lande

2 So. 3d 378, 2008 Fla. App. LEXIS 19360, 2008 WL 5352144

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1644287

Cited 8 times | Published

was not the child's home state, as defined in section 61.514, Florida Statutes (2007). Finally, she argues

Holub v. Holub

54 So. 3d 585, 2011 Fla. App. LEXIS 1863, 2011 WL 478467

District Court of Appeal of Florida | Filed: Feb 11, 2011 | Docket: 1395161

Cited 5 times | Published

appeal is the trial court's application of section 61.514 to the facts presented in the pleadings and

Cobo v. Sierralta

13 So. 3d 493, 2009 Fla. App. LEXIS 6234, 2009 WL 1456951

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1659648

Cited 5 times | Published

defending any proceeding under this chapter"); § 61.514, Fla. Stat. (2008) (stating that "a court of this

Karam v. Karam

6 So. 3d 87, 2009 Fla. App. LEXIS 1795, 2009 WL 605401

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 1665598

Cited 5 times | Published

the date of the commencement of the proceeding," § 61.514(1)(a).[2] "Home state" is defined in relevant

KI v. Department of Children and Families

70 So. 3d 749, 2011 Fla. App. LEXIS 15738, 2011 WL 4578271

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2353187

Cited 4 times | Published

the date of the commencement of the proceeding." § 61.514(1)(a), Fla. Stat. (2010). However, the court of

Rudel v. Rudel

111 So. 3d 285, 2013 WL 1629167, 2013 Fla. App. LEXIS 6059

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230801

Cited 3 times | Published

trial court did have jurisdiction pursuant to section 61.514, Florida Statutes, it is apparent that the

M.A.C. v. M.D.H.

88 So. 3d 1050, 2012 Fla. App. LEXIS 8593, 2012 WL 1939742

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308123

Cited 3 times | Published

proceeding,” as required by F.S. 61.503(7). 3. F.S. 61.514(l)(a) is also applicable. A reasonable interpretation

Durham v. Butler

89 So. 3d 1023, 2012 WL 1934431, 2012 Fla. App. LEXIS 8625

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308483

Cited 3 times | Published

requirements of section 61.514, Florida Statutes (2011), are present. Under section 61.514(l)(a), a circuit

Sarpel v. Eflanli

65 So. 3d 1080, 2011 Fla. App. LEXIS 8086, 2011 WL 2135575

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60301619

Cited 3 times | Published

Jurisdiction and Enforcement Act (UCCJEA). See § 61.514(2), Fla. Stat. (2010) (stating that subsection

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____ A certified

Staats v. McKinnon

924 So. 2d 82, 2006 WL 452824

District Court of Appeal of Florida | Filed: Feb 27, 2006 | Docket: 1419558

Cited 3 times | Published

preceding the commencement of the proceeding. See § 61.514, Fla. Stat.; Tenn.Code Ann. § 36-6-216. The Florida

Benson v. Evans

901 So. 2d 893, 2005 WL 879616

District Court of Appeal of Florida | Filed: Apr 18, 2005 | Docket: 1228417

Cited 3 times | Published

writ of prohibition. Under the provisions of section 61.514, Florida Statutes (2004), the circuit court

Haugabook v. Jeffcoat-Hultberg

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

District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 60266568

Cited 2 times | Published

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

Barnes v. Barnes

124 So. 3d 994, 2013 WL 5807772, 2013 Fla. App. LEXIS 17206

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60235608

Cited 2 times | Published

acting as a parent continues to live in the state. § 61.514(l)(a), Fla. Stat. (2011); see also Lande v. Lande

Johnson v. Johnson

88 So. 3d 335, 2012 WL 1605469, 2012 Fla. App. LEXIS 7200

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308241

Cited 2 times | Published

custody jurisdiction” issue as outlined in section 61.514. We will undertake a separate analysis of the

Perez v. Giledes

912 So. 2d 32, 2005 WL 2016946

District Court of Appeal of Florida | Filed: Aug 24, 2005 | Docket: 1650571

Cited 2 times | Published

state. Father argues that, under the UCCJA, section 61.514, Florida Statutes, prior to exercising jurisdiction

Scudder v. Scudder

228 So. 3d 703, 2017 WL 4700100

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173160

Cited 1 times | Published

So.3d 378, 381 (Fla. 4th DCA 2008); then citing § 61.514(1)(a), Fla. Stat. (2010))). Nevertheless

Baker v. Tunney

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

District Court of Appeal of Florida | Filed: Oct 21, 2016 | Docket: 4483409

Cited 1 times | Published

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

Nadine Mcindoo v. Ashley Atkinson

159 So. 3d 227, 2015 Fla. App. LEXIS 2151, 2015 WL 671167

District Court of Appeal of Florida | Filed: Feb 18, 2015 | Docket: 2634845

Cited 1 times | Published

below under the [UCCJEA] ... specifically, section 61.514, Florida Statutes.” 1 The father

Schaffer v. Ling

76 So. 3d 940, 2011 Fla. App. LEXIS 15379, 2011 WL 4467341

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60304606

Cited 1 times | Published

2 So.3d 378, 381 (Fla. 4th DCA 2008); see also § 61.514(l)(a), Fla. Stat. (2010). For example, in Munnerlyn

Collier v. Collier

29 So. 3d 437, 2010 Fla. App. LEXIS 2933, 2010 WL 786556

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 2588524

Cited 1 times | Published

he is a legal resident. Accordingly, under section 61.514, Florida Statutes (2008), of the Uniform Child

Tidwell v. Tidwell

983 So. 2d 742, 2008 WL 2356871

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1756364

Cited 1 times | Published

jurisdiction to make an initial determination under section 61.514. See § 61.515(2), Fla. Stat. Florida *744 cannot

Brulte v. Brulte

967 So. 2d 1087, 2007 WL 3342264

District Court of Appeal of Florida | Filed: Nov 13, 2007 | Docket: 45343

Cited 1 times | Published

party to make a child custody determination. See § 61.514(3), Fla. Stat. (2006). Because the appellant's

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705581

Published

date of the commencement of the proceeding[.]” § 61.514(1)(a), Fla. Stat. (2022); see also § 61.506, Fla

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705580

Published

date of the commencement of the proceeding[.]” § 61.514(1)(a), Fla. Stat. (2022); see also § 61.506, Fla

Racquel Dorvil v. Jacarr Atwell

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435418

Published

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

Natalie Radko v. Shahar Levi

District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127383

Published

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

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

District Court of Appeal of Florida | Filed: Oct 13, 2023 | Docket: 68034132

Published

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

NAVIN CHATANI v. HEATHER BLAZE

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898820

Published

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

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

District Court of Appeal of Florida | Filed: Mar 23, 2022 | Docket: 63180096

Published

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

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

District Court of Appeal of Florida | Filed: Dec 1, 2021 | Docket: 61585918

Published

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

CASSIDY S. MILLER v. ALEX V. MITCHELL

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627046

Published

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

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738439

Published

503(7), Fla. Stat. (2015) (emphasis added). Section 61.514(1)(a), Florida Statutes (2015), provides, in

WAED JAMIL AWAD v. BASHIR M. NOUFAL

District Court of Appeal of Florida | Filed: Sep 13, 2019 | Docket: 16193034

Published

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

N.B. v. Dep't of Children of Families

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718910

Published

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

N.B. v. Dep't of Children of Families

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718911

Published

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

Earney v. Quiloan

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

District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4553783

Published

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

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

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

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____A certified

Neagle v. Counter

147 So. 3d 586, 2014 Fla. App. LEXIS 13392, 2014 WL 4243130

District Court of Appeal of Florida | Filed: Aug 28, 2014 | Docket: 60243288

Published

2013) (recognizing home state jurisdiction under § 61.514(l)(a), Florida Statutes, if Florida was the child’s

In Re Amendments to Florida Rules

73 So. 3d 213

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2360514

Published

and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____ A certified out-of-state

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ___ A certified

London v. London

32 So. 3d 107, 2009 Fla. App. LEXIS 15614, 2009 WL 3320189

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 1662393

Published

proceedings commenced. See § 61.503(7). Therefore, section 61.514(1)(a) is satisfied. Additionally, section 61

N.W.T. v. L.H.D.

955 So. 2d 1236, 2007 Fla. App. LEXIS 7164

District Court of Appeal of Florida | Filed: May 11, 2007 | Docket: 64850578

Published

Florida is not the child’s “home state” under section 61.514, Florida Statutes (2004). In light of the undisputed

McCormick v. Oakes

899 So. 2d 393, 2005 Fla. App. LEXIS 4363, 2005 WL 713243

District Court of Appeal of Florida | Filed: Mar 30, 2005 | Docket: 64837630

Published

custody matters when this is the child’s home state. § 61.514(l)(a), Fla. Stat. (2003). The court, however,

Giventer v. Giventer

863 So. 2d 438, 2003 Fla. App. LEXIS 19740, 2003 WL 23095388

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827485

Published

court *440having jurisdiction to modify under section 61.514-.523. Under the facts of this case, that would

S.S. v. Department of Children & Families

851 So. 2d 306, 2003 Fla. App. LEXIS 11747, 2003 WL 21800612

District Court of Appeal of Florida | Filed: Aug 6, 2003 | Docket: 64824227

Published

under the Uniform Custody Jurisdiction Act, section 61.514, Florida Statutes (2002). Before the birth

Spindler v. Mayol

849 So. 2d 1102, 2003 Fla. App. LEXIS 7901, 2003 WL 21219799

District Court of Appeal of Florida | Filed: May 28, 2003 | Docket: 64824029

Published

months before commencement of the proceeding. See § 61.514, Fla. Stat. (2002); Feriole v. Feriole, 468 So