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Florida Statute 61.517 | Lawyer Caselaw & Research
F.S. 61.517 Case Law from Google Scholar
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The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.517
61.517 Temporary emergency jurisdiction.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and:
(a) The child has been abandoned;
(b) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse; or
(c) It is necessary in an emergency to protect the child because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures, as defined in s. 456.001.
(2) 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.
(3) If there is a previous child custody determination that is entitled to be enforced under this part, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 61.514-61.516. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) 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. 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.
History.s. 5, ch. 2002-65; s. 7, ch. 2003-1; s. 1, ch. 2023-90.

F.S. 61.517 on Google Scholar

F.S. 61.517 on Casetext

Amendments to 61.517


Arrestable Offenses / Crimes under Fla. Stat. 61.517
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.517.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Regarding the latter exception, section 61.517(2), Florida Statutes, further provides:
    PAGE 359
  2. Miller v. Mitchell

    328 So. 3d 1067 (Fla. Dist. Ct. App. 2021)   Cited 1 times
    There is an exception for temporary emergency jurisdiction. See § 61.517, Fla. Stat.
    PAGE 1070
  3. Oregon's temporary emergency jurisdiction statute mirrors Florida's temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep't of Children & Families , 70 So. 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517(1), "the court of another state may exercise temporary jurisdiction in an emergency situation to protect a child even though the court with initial custody jurisdiction has exclusive, continuing jurisdiction").
    PAGE 911
  4. Stone v. Suzuki

    308 So. 3d 1100 (Fla. Dist. Ct. App. 2020)
    The circuit court did not err in failing to apply this subsection. In order for section 61.517(1) to apply, the child must be present in the state where the petition is filed. Cf. McAbee v. McAbee, 259 So. 3d 134, 139 (Fla. 4th DCA 2018) (determining that the trial court had emergency jurisdiction in Florida, despite the fact that Virginia was the child's home state, because the child was physically present in Florida when the mother filed the emergency petition); In re NC, 294 P.3d 866, 874 (Wyo. 2013) ("[T]he only requirements for a state to exercise emergency jurisdiction pursuant to the UCCJEA are that the child be present in the state and that the child be subjected to or threatened with abuse.").
    PAGE 1106
  5. Mallick v. Mallick

    311 So. 3d 243 (Fla. Dist. Ct. App. 2020)   Cited 4 times
    Other than in Part II, which implements the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 61.501–.542, Fla. Stat., emergencies are nowhere mentioned in chapter 61, and no provision is made for addressing them. In section 61.517, Florida Statutes (2017), the Uniform Child Custody Jurisdiction and Enforcement Act sets forth the circumstances in which a court of this state may exercise "temporary emergency jurisdiction" over a child who is the subject of a foreign custody decree.
    PAGE 247
  6. Alobaid v. Khan

    306 So. 3d 159 (Fla. Dist. Ct. App. 2020)   Cited 2 times
    Finally, Alobaid argues that the court erred in approving a temporary time-sharing plan with respect to the child because Kuwait, not Florida, is the child's home state under the UCCJEA. We review de novo a question of whether a court has jurisdiction pursuant to the UCCJEA, which governs subject matter jurisdiction over interstate child custody matters. McAbee v. McAbee, 259 So. 3d 134, 139 (Fla. 4th DCA 2018). "Pursuant to the initial child custody jurisdiction provision of the UCCJEA, ... the child's ‘home state’ is unequivocally granted priority to exercise jurisdiction to determine initial custody matters, except in temporary emergency situations. " N.B. v. Dep't of Children & Families, 274 So. 3d 1163, 1167 (Fla. 3d DCA 2019) (emphasis added). The UCCJEA provides that "a [Florida] court ... has temporary emergency jurisdiction if the child is present in [Florida] and ... it is necessary in an emergency to protect the child because the child, ... or parent of the child, is subjected to or threatened with mistreatment or abuse ." § 61.517( 1), Fla. Stat. (emphasis added). Here, the parties do not dispute that the child was physically in Florida when Khan filed the…
  7. Oregon's temporary emergency jurisdiction statute mirrors Florida's temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep't of Children & Families , 70 So. 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517, "the court of another state may exercise temporary jurisdiction in an emergency situation to protect a child even though the court with initial custody jurisdiction has exclusive, continuing jurisdiction").
    PAGE 12
  8. Martinez v. Lebron

    284 So. 3d 1146 (Fla. Dist. Ct. App. 2019)   Cited 6 times
    (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:
    PAGE 1148
  9. Here, the trial court acknowledged the Massachusetts temporary custody order but determined it was "not necessary for this court to initiate contact with the Court in Massachusetts, as Florida is the state that can properly exercise jurisdiction over the custody of the children." This was error. Although we agree that the trial court had jurisdiction to make an initial custody determination under section 61.514, upon learning of the temporary child custody order in Massachusetts, the trial court should have contacted the Massachusetts court to determine whether Massachusetts would be a more appropriate forum to resolve the custody issue as required by section 61.517(4). See id.; Earney v. Quiloan, 206 So. 3d 147, 150 (Fla. 5th DCA 2016) (affirming the trial court's finding regarding jurisdiction but remanding "because the trial court failed to satisfy the contact requirement imposed by section 61.517(4)").
    PAGE 524
  10. N.B. v. Dep't of Children of Families

    274 So. 3d 1163 (Fla. Dist. Ct. App. 2019)   Cited 5 times
    Nonetheless, the mother contends that Florida, thereafter, improperly exercised jurisdiction, as in the absence of a formal termination of the California proceedings, the California case remained concurrently active. See § 61.519(1), Fla. Stat. (2018) ("[A] court of [Florida] may not exercise its [home state] jurisdiction ... [if] a proceeding concerning the custody of the child had been commenced in a court of another state [properly exercising] jurisdiction ... unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 61.520."). We agree that, under the broad statutory definition promulgated in section 61.503(4), Florida Statutes (2018), the temporary emergency proceeding constituted an earlier-initiated child custody proceeding. Nevertheless, California's act of transferring the case necessarily evidenced a declination to further exercise temporary jurisdiction, and the ensuing acceptance of transfer by Florida entailed a de facto, contemporaneous termination of the temporary proceedings. See e.g., In re Am. President Lines, Ltd., 929 F.2d 226 (6th Cir. 1991) (discussing that a…

Cases from cite.case.law:

N. B. v. DEPARTMENT OF CHILDREN OF FAMILIES,, 274 So. 3d 1163 (Fla. App. Ct. 2019)

. . . ." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. . . . UCCJEA § 204 comment (1997); see § 61.517(2), Fla. . . . order is obtained from a court of a state having jurisdiction [as the home state of the child]." § 61.517 . . .

MCABEE, III, v. MCABEE,, 259 So. 3d 134 (Fla. App. Ct. 2018)

. . . ." § 61.517(1), Fla. Stat. (2017). . . . Section 61.517(4), Fla. . . . matter for the Seventeenth Judicial Circuit Court to contact the Virginia court pursuant to section 61.517 . . . DCA 2016) ("[B]ecause the trial court failed to satisfy the contact requirement imposed by section 61.517 . . . Section 61.517, Fla. Stat. (2017). . . .

YOUSSEF, v. ZAITOUNI, R. Y. A. Y. S. Y., 241 So. 3d 901 (Fla. App. Ct. 2018)

. . . ." § 61.517(1). . . .

L. HAUGABOOK, v. JEFFCOAT- HULTBERG,, 219 So. 3d 65 (Fla. Dist. Ct. App. 2016)

. . . respondent states that she “filed a Private Dependency Petition in Georgia based on Florida statutes § 61.517 . . . " or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . .

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

. . . . §■ 61.517(1), Fla: Stat. (2016). . . . See § 61.517(1), Fla. Stat. . . . having jurisdiction under ss. 61.5J.4-61.516, shall immediately communicate with the other court- § 61.517 . . . petitions, the trial court contacted the Texas court at all, much less immediately, as required by section 61.517 . . . Therefore, because the trial court failed to satisfy the contact requirement imposed by section 61.517 . . .

BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c (McKinney 2015). . . . See § 61.517(4), Fla. Stat. (2015). . . .

McINDOO, v. ATKINSON,, 159 So. 3d 227 (Fla. Dist. Ct. App. 2015)

. . . This section states: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . . trial court’s jurisdiction in simultaneous proceedings, states: Except as otherwise provided in s. 61.517 . . .

EDGAR, v. FIRUTA,, 100 So. 3d 255 (Fla. Dist. Ct. App. 2012)

. . . North Carolina’s counterpart to section 61.517, Florida Statutes (2011), “Temporary emergency jurisdiction . . .

DURHAM, v. BUTLER,, 89 So. 3d 1023 (Fla. Dist. Ct. App. 2012)

. . . Section 61.519(1), Florida Statutes (2011), provides: Except as otherwise provided in s. 61.517, a court . . .

M. A. C. v. M. D. H., 88 So. 3d 1050 (Fla. Dist. Ct. App. 2012)

. . . Section 61.514(1) states as follows: (1) Except as otherwise provided in s. 61.517 [the section dealing . . .

H. JOHNSON, III, v. JOHNSON,, 88 So. 3d 335 (Fla. Dist. Ct. App. 2012)

. . . .— (2) Except as otherwise provided in s.61.517 [temporary emergency jurisdiction], a court of this state . . .

K. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 70 So. 3d 749 (Fla. Dist. Ct. App. 2011)

. . . See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010). We affirm on all but one issue. . . . See § 61.517, Fla. Stat. (2010); Ya.Code Ann. § 20-146.15 (2010). . . . Section 61.517(4), Florida Statutes provides, in pertinent part: A court of this state which is exercising . . . safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517 . . . See § 61.517(1), Fla. Stat. (2010). . . . .

SARPEL f k a v. EFLANLI,, 65 So. 3d 1080 (Fla. Dist. Ct. App. 2011)

. . . The statute provides as follows: (1) Except as otherwise provided in s. 61.517 [providing for “temporary . . .

M. HOLUB, v. E. HOLUB,, 54 So. 3d 585 (Fla. Dist. Ct. App. 2011)

. . . .— (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial . . .

LONDON, v. LONDON,, 32 So. 3d 107 (Fla. Dist. Ct. App. 2009)

. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . Simultaneous proceedings— (1) Except as otherwise provided in s. 61.517,a court of this state may not . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .

KARAM, v. KARAM,, 6 So. 3d 87 (Fla. Dist. Ct. App. 2009)

. . . Section 61.514 provides: (1)Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . .

McGHEE, v. BIGGS a k a, 974 So. 2d 524 (Fla. Dist. Ct. App. 2008)

. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . They provide: 61.514 Initial child custody jurisdiction.- (1) Except as otherwise provided in s. 61.517 . . .

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)

. . . Initial child custody jurisdiction,” provides in relevant part: (1) Except as otherwise provided in s. 61.517 . . . even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517 . . . Section 61.517, titled “Temporary emergency jurisdiction,” provides in relevant part: (1) A court of . . . Any temporary child custody determinations made in this case under section 61.517 remained in effect . . . See § 61.517(2). . . .

ARJONA a k a v. TORRES a k a, 941 So. 2d 451 (Fla. Dist. Ct. App. 2006)

. . . Stat. 61.517.” . . . ), provides as follows: Initial child custody jurisdiction.— (1) Except as otherwise provided in s. 61.517 . . . provides, in pertinent part, as follows: Simultaneous proceedings.— (1) Except as otherwise provided in s. 61.517 . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .

SARGI, v. HERNANDEZ,, 939 So. 2d 179 (Fla. Dist. Ct. App. 2006)

. . . See § 61.517(1), Fla. . . .

B. STAATS, v. E. McKINNON, f k a E., 924 So. 2d 82 (Fla. Dist. Ct. App. 2006)

. . . custody proceeding in another state is then in progress, provides: Except as otherwise provided in s. 61.517 . . . Section 61.517 is not'pertinent to this appeal because it applies to a court’s temporary emergency jurisdiction . . .

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

. . . . § 61.517, Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. . . . the trial judge should have communicated with the judge in North Dakota under the terms of section 61.517 . . . , or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . . Therefore, in accordance with section 61.517(4), once the trial judge learned of North Dakota’s domestic . . . the protective order, this does not negate the requirement imposed on the Florida judge under section 61.517 . . .

HIRVONEN, v. FILSINGER,, 866 So. 2d 1273 (Fla. Dist. Ct. App. 2004)

. . . One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s. 61.517 . . . entry of the dissolution judgment did terminate the Florida proceedings regarding custody, section 61.517 . . . Although the trial court did not cite section 61.517, the mother’s actions could constitute mistreatment . . .

K. H. v. DEPARTMENT OF CHILDREN FAMILY SERVICES,, 846 So. 2d 544 (Fla. Dist. Ct. App. 2003)

. . . .” § 61.517(1), Fla. Stat. No proceedings concerning these children were brought in Virginia. . . .