The 2023 Florida Statutes
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If there is no previous child custody determination that is entitled to be enforced under this part, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 61.514 – 61.516, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 61.514 – 61.516. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 61.514 – 61.516, a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child.
A court of this state which is exercising jurisdiction under ss. 61.514 - 61.516, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
The record also does not support the exercise of jurisdiction for other statutory reasons. See§ 61.514(1), Fla. Stat.; § 61.516, Fla. Stat. There is no indication, for instance, that Georgia's courts (or another state's courts) lack, or have declined jurisdiction over the custody issue here. And, from all indications, a Georgia court would be the more convenient forum.
A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514 –61.516, shall immediately communicate with the other court....
The inapplicability of the home state rule to the process for domestication of a foreign judgment does not, however, prevent a party from being able to make a “home state” challenge in an appropriate context, such as a subsequent request for a modification of a domesticated order. See§ 61.516, Fla. Stat. (2013).
The Florida circuit courts are vested with subject matter jurisdiction to hear child custody matters when the requirements of section 61.514, Florida Statutes (2011), are present. Under section 61.514(1)(a), a circuit court has jurisdiction if this state is the child's home state. 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 61.514; and 2) the court of the other state no longer has jurisdiction, or a court of this state determines that the child, the child's parents, and any person acting as a parent do not reside in the other state. See London v. London, 32 So.3d 107, 109 (Fla. 2d DCA 2009).
The facts of this case satisfy all of section 61.516's jurisdictional requirements. Section 61.516's first requirement for jurisdiction is that "a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b)." Because the record clearly establishes that both parties and their child lived in Florida for at least six months prior to the commencement of the Florida proceedings, Florida was the child's home state at the time the Florida proceedings commenced. See § 61.503(7). Therefore, section 61.514(1)(a) is satisfied. Additionally, section 61.516(2) is satisfied because the French court previously found that the child and both parents moved their permanent residences from Saint Martin to Florida. Thus, we conclude that the Florida trial court possesses jurisdiction over the matter pursuant to section 61.516.
North Carolina has not determined that it no longer has jurisdiction, and accordingly section 61.516(1) does not apply. And, because the mother resides in North Carolina, section 61.516(2) is not applicable.
The parties were married in 1996, had three children, and divorced in Georgia in 2005. The former wife remarried and was living in Jacksonville, Florida, with her husband and the three children, when the former husband moved there in 2006 and began exercising weekly visitation with the children. When the former wife decided to move to Chicago, Illinois, with the children and her husband, the former husband sought emergency relief denying the relocation. The trial court concluded that it did not have the authority to modify the Georgia judgment. 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.
. . . child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516 . . .
. . . Stat; §61.516, Fla. Stat. . . .
. . . child custody determination has been made by, a court of a state having jurisdiction under ss. 61.5J.4-61.516 . . .
. . . See § 61.516, Fla. Stat. (2013). . . .
. . . Under section 61.516, a court of this state has jurisdiction to modify another state’s determination . . .
. . . provides, in pertinent part: A court of this state which is exercising jurisdiction under ss. 61.514-61.516 . . .
. . . The facts of this case satisfy all of section 61.516’s jurisdictional requirements. . . . Section 61.516’s first requirement for jurisdiction is that “a court of this state has jurisdiction to . . . Additionally, section 61.516(2) is satisfied because the French court previously found that the child . . . Section 61.516 must be read in pari materia with section 61.519, which applies due to the simultaneous . . . Ogilvie, 954 So.2d 698, 699 (Fla. 1st DCA 2007) (emphasis added) (quoting § 61.516, Fla. . . .
. . . Section 61.516, Fla. Stat. provides: 61.516. . . . North Carolina has not determined that it no longer has jurisdiction, and accordingly section 61.516( . . . And, because the mother resides in North Carolina, section 61.516(2) is not applicable. . . . . Although section 61.516 also authorizes modification if Florida has initial jurisdiction under section . . .
. . . On the contrary, the court did have such authority pursuant to section 61.516(2), Florida Statutes (2007 . . .
. . . custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 61.514-61.516 . . . remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 61.514-61.516 . . . proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 61.514-61.516 . . .
. . . See § 61.516, Fla. . . . Rewis, 592 So.2d 1223, 1225 (Fla. 1st DCA 1992), the UCCJEA, codified at section-61.516, Florida Statutes . . . determines that the child [and], the child’s parents ... do not presently reside in the other state.” § 61.516 . . . 3 (Fla. 5th DCA 2002) (noting change in modification jurisdiction standard upon adoption of section 61.516 . . .
. . . Subsequently, the trial court -issued an order declining to exercise modification jurisdiction under section 61.516 . . . Court hereby declines, at this time, to exercise ■modification jurisdiction under Florida Statute § 61.516 . . .
. . . We conclude that, under sections 61.514, 61.515 and 61.516, the trial court had jurisdiction to determine . . .
. . . determination, based on its conclusion that the child and its parents no longer resided in Florida, see section 61.516 . . . court exercised its jurisdiction in a modification of custody proceeding brought pursuant to section 61.516 . . .
. . . provides, in pertinent part: A court of this state which is exercising jurisdiction under §§ 61.514-61.516 . . . See § 61.516, Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-14. . . . See § 61.516,- Fla. Stat. (2005); N.D. . . .
. . . See § 61.516(1), Fla. Stat. (2003); see also Lamon v. . . .
. . . Section 61.133 was repealed effective October 1, 2002, and replaced with section 61.516, Florida Statutes . . .
. . . percentages to 76.97 per cent, of. debentures and claims, 60.642 per cent, of preferred- stock, and 61.516 . . .