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

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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 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

Natalie Radko v. Shahar Levi

Court: Fla. Dist. Ct. App. | Date Filed: 2024-09-04T00:00:00-07:00

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

Mattingly, Mattingly v. Hatfield

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-28T00:00:00-08:00

Snippet: jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and: (1) The court of the…but may not modify, except in accordance with ss. 61.514–61.523, a registered child custody determination

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-13T00:00:00-07:00

Snippet: applies to initial custody determinations. See § 61.514(1)(a), Fla. Stat. (2016) (stating that a court …initial child custody determination under section 61.514, that court has “exclusive, continuing jurisdiction

NAVIN CHATANI v. HEATHER BLAZE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-17T00:53:00-07:00

Snippet: determination by a court of this state.” § 61.514(2), Fla. Stat. Section 61.514(1)(a) provides Florida has jurisdiction…the minor child’s home state pursuant to section 61.514, Florida Statutes. The Michigan court agreed Michigan…s petition concluding that pursuant to section 61.514 the minor child’s home state was Michigan. This…determination of a minor child’s home state under section 61.514(1), however, is reviewed for competent, substantial…Florida was a minor child’s home state under section 61.514 for competent, substantial evidence); Alvarez

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-23T00:53:00-07:00

Snippet: the “home state” of the child. See § 61.514(1)(a), Fla. Stat. (2022); Arjona v. Torres, 941…201 So. 3d 1235, 1237 (Fla. 5th DCA 2016); see § 61.514(1)(a), Fla. Stat. There are, however, two narrowly… and Practice § 11.2(C) (16th ed. 2020); see § 61.514(1)(b), Fla. Stat. The second is that all courts… of a state having jurisdiction under ss. 61.514–61.516, a child custody determination made … court of a state having jurisdiction under ss. 61.514–61.516. If a child custody proceeding has

ONTHONIO WHYTE v. VALENTINA ECKERT WHYTE

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

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 2019 income by dividing his gross income of $61,514.52 by the seven months of seasonal projects, concluding

JUAN M. ALVAREZ v. LINA PAOLA JIMENEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-30T23:53:00-08:00

Snippet: determination under section 61.514, Florida Statutes (2015).1 1 Section 61.514(1) provides the circumstances…determination of the child’s “home state” under section 61.514, Florida Statutes); Holub v. Holub, 54 So. 3d …evidence the trial court's application of section 61.514, Florida Statutes to the facts presented), and

CASSIDY S. MILLER v. ALEX V. MITCHELL

Court: Fla. Dist. Ct. App. | Date Filed: 2021-10-06T00:53:00-07:00

Snippet: provision of the UCCJEA, as set forth in section 61.514, Florida Statutes, jurisdiction to determine initial… 3d 1235, 1237 (Fla. 5th DCA 2016); see also § 61.514, Fla. Stat.; N.J. Stat. Ann. § 2A:34-65 (West).…court’s exercise of jurisdiction was proper. See § 61.514(1)(a), Fla. Stat.; M.A.C. v. M.D.H., 88 So. 3d…(“[T]he home state determination under section 61.514(1)(a) allows for Florida to exercise jurisdiction

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-21T23:53:00-08:00

Snippet: jurisdictional priority arises from sections 61.503(7) and 61.514(1)(a), Florida Statutes (2015). Section 61.503…Fla. Stat. (2015) (emphasis added). Section 61.514(1)(a), Florida Statutes (2015), provides, in pertinent…of the commencement of the proceeding . . . .” § 61.514(1)(a), Fla. Stat. (2015) (emphasis added); see …see also Barnes, 124 So. 3d at 996 (“[S]ection 61.514(1)(a) permits the exercise of home state jurisdiction…because Florida remained the child’s home state. § 61.514(1)(a), Fla. Stat. (2015). Florida remained the

WAED JAMIL AWAD v. BASHIR M. NOUFAL

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-13T00:53:00-07:00

Snippet: -2- Section 61.514(1)(a), Florida Statutes (2017), provides that Florida…an initial custody determination under section 61.514. However, we agree with the wife that the trial…exercising jurisdiction under ss. 61.514-61.516, upon being informed that a child custody… an initial custody determination under section 61.514, upon learning of the temporary child custody

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-05T00:00:00-07:00

Citation: 274 So. 3d 1163

Snippet: jurisdiction provision of the UCCJEA, codified in section 61.514, Florida Statutes (2018), the child's "…Fla. 5th DCA 2016) (citation omitted); see also § 61.514, Fla. Stat. (2018). In the instant case, prior

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-05T00:00:00-07:00

Citation: 274 So. 3d 1163

HOMER MCABEE, III v. ALICIA MARIE MCABEE

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-11T23:53:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-11-06T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-10-20T00:00:00-07:00

Citation: 228 So. 3d 703

Snippet: children under sections 61.021, 61.503(4), and 61.514. Therefore, the Collier County Circuit Court could….3d 378, 381 (Fla. 4th DCA 2008); then citing § 61.514(1)(a), Fla. Stat. (2010))). Nevertheless,

Haugabook v. Jeffcoat-Hultberg

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-22T00:00:00-08:00

Citation: 219 So. 3d 65

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: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 206 So. 3d 147

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

Baker v. Tunney

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-21T00:00:00-07:00

Citation: 201 So. 3d 1235

Snippet: date of the commencement of the proceeding.” § 61.514(l)(a), Fla. Stat. (2015). “Home state” is defined…paragraph (a), paragraph (b), or paragraph (c). § 61.514(l)(a)-(d), Fla. Stat. (2015). As a preliminary…remains the child’s home state. See §§ 61.514, 61.520, Fla. Stat. (2015). Accordingly, Florida

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

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

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

Nadine Mcindoo v. Ashley Atkinson

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

Citation: 159 So. 3d 227

Snippet: below under the [UCCJEA] ... specifically, section 61.514, Florida Statutes.” 1 The father filed… to domesticate the N.Y. Order, citing sections 61.514 and 61.519, Florida Statutes (2013), and arguing… applied the “home state” rule based on section 61.514, Florida Statutes (2013), since the father’s opposition… parent continues to live in this state. § 61.514, Fla. Stat. (2013) (emphasis added). However, as…court may not exercise jurisdiction under sections 61.514-61.524, the simultaneous proceedings statute did