Florida Statute 61.517 | Lawyer Caselaw & Research

The 2024 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:

Cases Citing Statute 61.517

Total Results: 20

Mattingly, Mattingly v. Hatfield

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

Snippet: follows: Except as otherwise provided in s. 61.517, a court of this state may not modify a child…exception applying. The first exception noted, section 61.517, Florida Statutes—concerning temporary emergency

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: or abuse.” § 61.517(1), Fla. Stat. Regarding the latter exception, section 61.517(2), Florida …temporary emergency jurisdiction pursuant to section 61.517(1), Florida Statutes, and section 39.013(2), Florida

CASSIDY S. MILLER v. ALEX V. MITCHELL

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

Snippet: exception for temporary emergency jurisdiction. See § 61.517, Fla. Stat. 4 The New Jersey statute contains

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-01-19T23:53:00-08:00

Snippet: temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of … 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517(1), “the court of another state may exercise temporary

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

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

Snippet: temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of … 3d 749, 751 (Fla. 4th DCA 2011) (under section 61.517, “the court of another state may exercise temporary

WAED JAMIL AWAD v. BASHIR M. NOUFAL

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

Snippet: convenient forum for doing so. Section 61.517(4) provides, in pertinent part: …resolve the custody issue as required by section 61.517(4). See id.; Earney v. Quiloan, 206 So. 3d 147…satisfy the contact requirement imposed by section 61.517(4)"). Accordingly, we affirm… Massachusetts court in accordance with section 61.517(4). Affirmed and remanded with instructions

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: threatened with[,] mistreatment or abuse." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. Code § 3424…and transient. UCCJEA § 204 comment (1997); see § 61.517(2), Fla. Stat. (2018) ; see, e.g., In re Gino C…jurisdiction [as the home state of the child]." § 61.517(2), Fla. Stat. (2018) ; Cal. Fam. Code § 3424(b

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: we remand for further proceedings. 1 Section 61.517, Fla. Stat. (2017). …to or threatened with mistreatment or abuse.” § 61.517(1), Fla. Stat. (2017). Here, the parties do not…communicate with the other court. . . . § 61.517(4), Fla. Stat. (emphasis added). “‘Child custody…with the Virginia court, as required by section 61.517(4). 3 Mandatory words impose a duty. ANTONIN…legislature as expressed in the statute.” Id. Section 61.517(4), Fla. Stat. provides no indication that the

Youssef v. Zaitouni ex rel. R.Y.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-14T00:00:00-08:00

Citation: 241 So. 3d 901

Snippet: threatened with mistreatment or abuse." § 61.517(1). This section is inapposite; this is not a custody

RABIH YACOMB YOUSSEF v. ISSRRA OSMAN ZAITOUNI

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-13T23:53:00-08:00

Snippet: threatened with mistreatment or abuse." § 61.517(1). This section is inapposite; this is not a custody

Haugabook v. Jeffcoat-Hultberg

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

Citation: 219 So. 3d 65

Snippet: Petition in Georgia based on Florida statutes § 61.517(1) and Georgia Code § 19-9-64.” Those two statutory…to or threatened with mistreatment or abuse.” § 61.517(1), Fla. Stat. (2016); Ga. Code § 19-9-64 (2016

Earney v. Quiloan

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

Citation: 206 So. 3d 147

Snippet: threatened with mistreatment or abuse. §■ 61.517(1), Fla: Stat. (2016). This serves as an exception…children from abandonment or mistreatment. See § 61.517(1), Fla. Stat. However, the statute also requires…immediately communicate with the other court- § 61.517(4), Fla. Stat. (emphasis added). Further, section…, much less immediately, as required by section 61.517(4). Rather,'the trial court set the case for…satisfy the contact requirement imposed by section 61.517(4), we remand with instructions- that the Florida

Baker v. Tunney

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

Citation: 201 So. 3d 1235

Snippet: permanent jurisdiction in this case. See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c (…for the duration of the temporary order.” See § 61.517(4), Fla. Stat. (2015). 5D15-4139 District

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: states: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make…states: Except as otherwise provided in s. 61.517, a court of this state may not exercise its

Edgar v. Firuta

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-07T00:00:00-08:00

Citation: 100 So. 3d 255

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

M.A.C. v. M.D.H.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-30T00:00:00-07:00

Citation: 88 So. 3d 1050

Snippet: follows: (1) Except as otherwise provided in s. 61.517 [the section dealing with “temporary emergency

Durham v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-30T00:00:00-07:00

Citation: 89 So. 3d 1023

Snippet: ), provides: Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction

Johnson v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-09T00:00:00-07:00

Citation: 88 So. 3d 335

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

KI v. Department of Children and Families

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

Citation: 70 So. 3d 749

Snippet: temporary emergency jurisdiction provision. See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010…child given the emergency *753 situation. See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010…CIKLIN and LEVINE, JJ., concur. NOTES [1] Section 61.517(4), Florida Statutes provides, in pertinent part…period for the duration of the temporary order. § 61.517(4), Fla. Stat. (2010). [2] Virginia's emergency…equivalent utilizes almost identical language. See § 61.517(1), Fla. Stat. (2010). [3] See Florida Rule of