The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.516

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.

F.S. 61.516 on Google Scholar

F.S. 61.516 on Casetext

Amendments to 61.516

Arrestable Offenses / Crimes under Fla. Stat. 61.516

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.516.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

K.D. v. In re P.P.
338 So. 3d 356 (Fla. Dist. Ct. App. 2022)
Motion to dismiss
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.
PAGE 359
Awad v. Noufal
280 So. 3d 522 (Fla. Dist. Ct. App. 2019)
Motion to dismiss
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.
PAGE 524
Kessinger v. Kessinger
228 So. 3d 1201 (Fla. Dist. Ct. App. 2017)
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.
PAGE 1203
Earney v. Quiloan
206 So. 3d 147 (Fla. Dist. Ct. App. 2016) Cited 2 times
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....
PAGE 150
McIndoo v. Atkinson
159 So. 3d 227 (Fla. Dist. Ct. App. 2015) Cited 2 times
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).
PAGE 231
Durham v. Butler
89 So. 3d 1023 (Fla. Dist. Ct. App. 2012) Cited 3 times
Motion to dismiss
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).
PAGE 1024
London v. London
32 So. 3d 107 (Fla. Dist. Ct. App. 2009) Cited 3 times
Motion to dismiss
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.
PAGE 109
In re Amend. to Fl. Supreme Ct.
20 So. 3d 173 (Fla. 2009) Cited 2 times
Motion to dismiss
3 more...
PICK-UP MINOR CHILD(REN) JURISDICTION all 61.514 28 U.S.C. Section 1738A 61.501 61.542 742.031 744.301 61.516 NOTICE OF HEARING name date name room name/number, location, address, city name telephone ORDER ORDERS
McGhee v. Biggs
974 So. 2d 524 (Fla. Dist. Ct. App. 2008) Cited 13 times
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.
Norris v. Heckerman
972 So. 2d 1098 (Fla. Dist. Ct. App. 2008) Cited 4 times
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.
Cases from cite.case.law:
MCABEE, III, v. MCABEE,, 259 So. 3d 134 (Fla. App. Ct. 2018)

. . . child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516 . . .
KESSINGER, v. J. KESSINGER,, 228 So. 3d 1201 (Fla. Dist. Ct. App. 2017)

. . . Stat; §61.516, Fla. Stat. . . .
EARNEY, v. QUILOAN,, 206 So.3d 147 (Fla. Dist. Ct. App. 2016)

. . . child custody determination has been made by, a court of a state having jurisdiction under ss. 61.5J.4-61.516 . . .
McINDOO, v. ATKINSON,, 159 So. 3d 227 (Fla. Dist. Ct. App. 2015)

. . . See § 61.516, Fla. Stat. (2013). . . .
DURHAM, v. BUTLER,, 89 So. 3d 1023 (Fla. Dist. Ct. App. 2012)

. . . Under section 61.516, a court of this state has jurisdiction to modify another state’s determination . . .
K. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 70 So. 3d 749 (Fla. Dist. Ct. App. 2011)

. . . provides, in pertinent part: A court of this state which is exercising jurisdiction under ss. 61.514-61.516 . . .
LONDON, v. LONDON,, 32 So. 3d 107 (Fla. Dist. Ct. App. 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 . . . 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. . . .
McGHEE, v. BIGGS a k a, 974 So. 2d 524 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .
E. NORRIS, v. C. HECKERMAN, f k a C., 972 So. 2d 1098 (Fla. Dist. Ct. App. 2008)

. . . On the contrary, the court did have such authority pursuant to section 61.516(2), Florida Statutes (2007 . . .
In D. N. H. W. a N. W. T. G. S. T. v. L. H. D. S. W., 955 So. 2d 1236 (Fla. Dist. Ct. App. 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 . . .
OGILVIE, v. OGILVIE,, 954 So. 2d 698 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .
E. SCHMITT, v. MAILE,, 946 So. 2d 60 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .
I. ORSI, v. R. BOLLELLA,, 939 So. 2d 254 (Fla. Dist. Ct. App. 2006)

. . . We conclude that, under sections 61.514, 61.515 and 61.516, the trial court had jurisdiction to determine . . .
B. STAATS, v. E. McKINNON, f k a E., 924 So. 2d 82 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .
S. STECKLER, v. E. STECKLER,, 921 So. 2d 740 (Fla. Dist. Ct. App. 2006)

. . . 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. . . .
LOUD, v. DE LA ESPRIELLA MEDINA,, 899 So. 2d 1242 (Fla. Dist. Ct. App. 2005)

. . . See § 61.516(1), Fla. Stat. (2003); see also Lamon v. . . .
MORALES, v. SALAZAR,, 833 So. 2d 226 (Fla. Dist. Ct. App. 2002)

. . . Section 61.133 was repealed effective October 1, 2002, and replaced with section 61.516, Florida Statutes . . .
In PRESSED STEEL CAR CO. OF NEW JERSEY, 16 F. Supp. 329 (W.D. Pa. 1936)

. . . percentages to 76.97 per cent, of. debentures and claims, 60.642 per cent, of preferred- stock, and 61.516 . . .

The 2023 Florida Statutes

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Cases from cite.case.law: