Florida Statutes

Fla. Stat. § 61.516 (2025)

Jurisdiction to modify a determination.

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61.516 Jurisdiction to modify a determination.—Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under s. 61.515 or that a court of this state would be a more convenient forum under s. 61.520; or

(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.

History.—s. 5, ch. 2002-65.

Notes of Decisions

Cited in 23 cases (5 in the last 5 years), 2002–2025 · leading case: Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007).

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Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007). · cites it 7× “See § 61.516, Fla. Stat. (2005) (providing that a Florida court has jurisdiction to "modify a child custody determination made by a court of another state" if factors that would have given a Florida court jurisdiction to make an initial determination (under section 61.”

Steckler v. Steckler, 921 So. 2d 740 (Fla. 5th DCA 2006). · cites it 4× “See § 61.516, Fla. Stat. (2005); N.D. Cent.Code § 14-14.”

McGhee v. Biggs, 974 So. 2d 524 (Fla. 4th DCA 2008). · cites it 4× “Section 61.516, Fla. Stat. provides: 61.516.”

Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). “Accord Fla. Stat. Ann. § 61.516 ; UCCJEA § 203, 9 U.”

Staats v. McKinnon, 924 So. 2d 82 (Fla. 1st DCA 2006). · cites it 4× “The Tennessee court's decision was apparently influenced by the portion of the UCCJEA pertaining to the court's jurisdiction to modify a custody determination, based on its conclusion that the child and its parents no longer resided in Florida, see section 61.516, Florida…”

London v. London, 32 So. 3d 107 (Fla. 2d DCA 2009). · cites it 9× “1st DCA 2007) (emphasis added) (quoting § 61.516, Fla. Stat. (2005)). 6 . The UCCJEA defines the term “inconvenient forum” in section 61.”

Norris v. Heckerman, 972 So. 2d 1098 (Fla. 1st DCA 2008). · cites it 2× “On the contrary, the court did have such authority pursuant to section 61.516(2), Florida Statutes (2007), of the Uniform Child Custody Jurisdiction and Enforcement Act.”

Schmitt v. Maile, 946 So. 2d 60 (Fla. 4th DCA 2006). · cites it 3× “Subsequently, the trial court issued an order declining to exercise modification jurisdiction under section 61.516, Florida Statutes (2005). Specifically the order read: THIS CAUSE, having come before this Court to determine this Court's jurisdiction to modify the Final Judgment…”

Morales v. Salazar, 833 So. 2d 226 (Fla. 5th DCA 2002). · cites it 2× “133 was repealed effective October 1, 2002, and replaced with section 61.516, Florida Statutes, which provides that a court of this state may not modify a child custody determination made by another state unless the court of this state has jurisdiction to make an initial custody…”

Nadine Mcindoo v. Ashley Atkinson, 159 So. 3d 227 (Fla. 4th DCA 2015). · cites it 2× “…challenge in án appropriate context, such as a subsequent request for a modification of a domesticated order. See § 61.516, Fla. Stat. (2013).”

James v. Faust, 62 V.I. 554 (2015). “See Fla. Stat. Ann. § 61.516 . But if the custody arrangement was intended to end after August 2018, it is unclear whether the Superior Court would retain jurisdiction to decide any future custody arrangement under the uniform act.”

Durham v. Butler, 89 So. 3d 1023 (Fla. 3d DCA 2012). “Under section 61.516, a court of this state has jurisdiction to modify another state’s determination if 1) the court would have jurisdiction to make an initial determination under section 61.”

Show all 23 citing cases →

— 61.516(1) — 2 cases

McGhee v. Biggs, 974 So. 2d 524 (Fla. 4th DCA 2008). “Section 61.516, Fla. Stat. provides: 61.516.”

Loud v. De La Espriella Medina, 899 So. 2d 1242 (Fla. 4th DCA 2005).

— 61.516(2) — 5 cases

Ogilvie v. Ogilvie, 954 So. 2d 698 (Fla. 1st DCA 2007). “See § 61.516, Fla. Stat. (2005) (providing that a Florida court has jurisdiction to "modify a child custody determination made by a court of another state" if factors that would have given a Florida court jurisdiction to make an initial determination (under section 61.”

Norris v. Heckerman, 972 So. 2d 1098 (Fla. 1st DCA 2008). “On the contrary, the court did have such authority pursuant to section 61.516(2), Florida Statutes (2007), of the Uniform Child Custody Jurisdiction and Enforcement Act.”

McGhee v. Biggs, 974 So. 2d 524 (Fla. 4th DCA 2008). “Section 61.516, Fla. Stat. provides: 61.516.”

London v. London, 32 So. 3d 107 (Fla. 2d DCA 2009). “1st DCA 2007) (emphasis added) (quoting § 61.516, Fla. Stat. (2005)). 6 . The UCCJEA defines the term “inconvenient forum” in section 61.”

Mattingly, Mattingly v. Hatfield (Fla. 1st DCA 2024).

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