Florida Statutes
Fla. Stat. § 61.514 (2025)
Initial child custody jurisdiction.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 64
cases (11 in the last 5 years), 2003–2025 · leading case: Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006).
Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006). “Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the "home state" of the child, and section 61.”
Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “§ 36-6-216(b) (stating that the UCCJEA provides "the exclusive jurisdictional basis for making a child-custody determination by a court of this state”); accord Fla. Stat. Ann. § 61.514 (2); UCCJEA § 201(b), 9 U.”
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “§ 61.514(1), Fla. Stat. The UCCJEA defines a child’s “home state” 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.”
Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). “Absent Florida expressly relinquishing its jurisdiction to New York, both the dismissal under review and New York’s assumption of home state jurisdiction were improper.”
N.W.T. v. L.H.D., 955 So. 2d 1236 (Fla. 2d DCA 2007). “The grandparents appeal both the October 9, 2006, and the November 9, 2006, orders, claiming that the Florida circuit court did not have subject matter jurisdiction over the custody issue because Florida is not the child’s “home state” under section 61.”
Karam v. Karam, 6 So. 3d 87 (Fla. 3d DCA 2009). “519, prohibits Florida from exercising its jurisdiction under section 61.514 if a proceeding concerning the custody of a child has already commenced in another state having jurisdiction in substantial conformity with section 61.”
Hindle v. FUITH, 33 So. 3d 782 (Fla. 5th DCA 2010). “As this paternity action was commenced in November 2003, the applicable statute is section 61.514, Florida Statutes. 3 . We cannot determine how the court calculated the father's child support obligation.”
Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007). “do not presently reside in the other state"); § 61.514(1)(a), Fla. Stat. (2005) (conferring jurisdiction to enter an initial custody order where Florida "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…”
Lande v. Lande, 2 So. 3d 378 (Fla. 4th DCA 2008). “See § 61.514, Fla. Stat. (2007). “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.”
Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). “and: (1) the court where the initial custody determination was made determines that it no longer has exclusive, continuing jurisdiction, or that a court of another state would be a more convenient forum; or (2) a court determines that the child, the child's parents, and any…”
M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). “” Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the ‘home state’ of the child.”
Cobo v. Sierralta, 13 So. 3d 493 (Fla. 3d DCA 2009). “(2008) (providing that “[t]he court may from time to time, after considering the financial resources of the parties, order a party to pay a reasonable amount for attorney’s fees, suit money and the cost to the other party of maintaining or defending any proceeding under this…”
— 61.514(1) — 8 cases
Holub v. Holub, 54 So. 3d 585 (Fla. 1st DCA 2011).
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “§ 61.514(1), Fla. Stat. The UCCJEA defines a child’s “home state” 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.”
M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). “” Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the ‘home state’ of the child.”
N.W.T. v. L.H.D., 955 So. 2d 1236 (Fla. 2d DCA 2007). “The grandparents appeal both the October 9, 2006, and the November 9, 2006, orders, claiming that the Florida circuit court did not have subject matter jurisdiction over the custody issue because Florida is not the child’s “home state” under section 61.”
Benson v. Evans, 901 So. 2d 893 (Fla. 4th DCA 2005).
— 61.514(1)(a) — 17 cases
Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007). “do not presently reside in the other state"); § 61.514(1)(a), Fla. Stat. (2005) (conferring jurisdiction to enter an initial custody order where Florida "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…”
Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006). “Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the "home state" of the child, and section 61.”
Scudder v. Scudder, 228 So. 3d 703 (Fla. 2d DCA 2017).
McGhee v. Biggs, 974 So. 2d 524 (Fla. 4th DCA 2008).
N.W.T. v. L.H.D., 955 So. 2d 1236 (Fla. 2d DCA 2007). “The grandparents appeal both the October 9, 2006, and the November 9, 2006, orders, claiming that the Florida circuit court did not have subject matter jurisdiction over the custody issue because Florida is not the child’s “home state” under section 61.”
— 61.514(1)(b) — 6 cases
Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006). “Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the "home state" of the child, and section 61.”
Sanchez v. Fernandez, 915 So. 2d 192 (Fla. 4th DCA 2005).
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).
Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez (Fla. 4th DCA 2025).
— 61.514(2) — 2 cases
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “§ 61.514(1), Fla. Stat. The UCCJEA defines a child’s “home state” 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.”
Benson v. Evans, 901 So. 2d 893 (Fla. 4th DCA 2005).
— 61.514(3) — 2 cases
Frier v. Frier, 13 So. 3d 145 (Fla. 1st DCA 2009).
Brulte v. Brulte, 967 So. 2d 1087 (Fla. 1st DCA 2007).
— 61.514(l)(a) — 13 cases
Baker v. Tunney, 201 So. 3d 1235 (Fla. 5th DCA 2016). “Absent Florida expressly relinquishing its jurisdiction to New York, both the dismissal under review and New York’s assumption of home state jurisdiction were improper.”
M.A.C. v. M.D.H., 88 So. 3d 1050 (Fla. 2d DCA 2012). “” Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the ‘home state’ of the child.”
Sarpel v. Eflanli, 65 So. 3d 1080 (Fla. 4th DCA 2011). “§ 61.514(1), Fla. Stat. The UCCJEA defines a child’s “home state” 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.”
Hindle v. FUITH, 33 So. 3d 782 (Fla. 5th DCA 2010). “As this paternity action was commenced in November 2003, the applicable statute is section 61.514, Florida Statutes. 3 . We cannot determine how the court calculated the father's child support obligation.”
Barnes v. Barnes, 124 So. 3d 994 (Fla. 4th DCA 2013).
— 61.514(l)(b) — 2 cases
Hindle v. FUITH, 33 So. 3d 782 (Fla. 5th DCA 2010). “As this paternity action was commenced in November 2003, the applicable statute is section 61.514, Florida Statutes. 3 . We cannot determine how the court calculated the father's child support obligation.”
S.S. v. Dep't of Child. & Families, 851 So. 2d 306 (Fla. 4th DCA 2003).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.