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: District Court of Appeal of Florida | Date Filed: 2024-02-28

Snippet: follows: Except as otherwise provided in s. 61.517, a court of this state may not modify a child

K.D. v. IN RE: IN THE INTEREST OF P.P., R.P., and L.P.

Court: District Court of Appeal of Florida | Date Filed: 2022-03-23

Snippet: or abuse.” § 61.517(1), Fla. Stat. Regarding the latter exception, section 61.517(2), Florida

CASSIDY S. MILLER v. ALEX V. MITCHELL

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

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: District Court of Appeal of Florida | Date Filed: 2021-01-20

Snippet: temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of

KELLY LUNSFORD v. KARA ENGLE and JAKE PHILLIPS

Court: District Court of Appeal of Florida | Date Filed: 2020-01-22

Snippet: temporary emergency jurisdiction statute, section 61.517, Florida Statutes (2015). See K.I. v. Dep’t of

WAED JAMIL AWAD v. BASHIR M. NOUFAL

Court: District Court of Appeal of Florida | Date Filed: 2019-09-13

Snippet: convenient forum for doing so. Section 61.517(4) provides, in pertinent part:

N.B. v. Dep't of Children of Families

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

Snippet: or threatened with[,] mistreatment or abuse." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. Code § 3424(a)

N.B. v. Dep't of Children of Families

Court: District Court of Appeal of Florida | Date Filed: 2019-06-05

Citation: 274 So. 3d 1163

Snippet: or threatened with[,] mistreatment or abuse." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. Code § 3424(a)

HOMER MCABEE, III v. ALICIA MARIE MCABEE

Court: District Court of Appeal of Florida | Date Filed: 2018-12-12

Citation: 259 So. 3d 134

Snippet: we remand for further proceedings. 1 Section 61.517, Fla. Stat. (2017).

Youssef v. Zaitouni ex rel. R.Y.

Court: District Court of Appeal of Florida | Date Filed: 2018-02-14

Citation: 241 So. 3d 901

Snippet: to or 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: District Court of Appeal of Florida | Date Filed: 2018-02-14

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

Haugabook v. Jeffcoat-Hultberg

Court: District Court of Appeal of Florida | Date Filed: 2016-12-22

Citation: 219 So. 3d 65, 2016 WL 8303559, 2016 Fla. App. LEXIS 19023

Snippet: Petition in Georgia based on Florida statutes § 61.517(1) and Georgia Code § 19-9-64.” Those two statutory

Earney v. Quiloan

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 206 So. 3d 147, 2016 Fla. App. LEXIS 18211

Snippet: threatened with mistreatment or abuse. §■ 61.517(1), Fla: Stat. (2016). This serves as an exception

Baker v. Tunney

Court: District Court of Appeal of Florida | Date Filed: 2016-10-21

Citation: 201 So. 3d 1235, 2016 Fla. App. LEXIS 15697

Snippet: permanent jurisdiction in this case. See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c (McKinney

Nadine Mcindoo v. Ashley Atkinson

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 159 So. 3d 227, 2015 Fla. App. LEXIS 2151

Snippet: states: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make

Edgar v. Firuta

Court: District Court of Appeal of Florida | Date Filed: 2012-11-07

Citation: 100 So. 3d 255, 2012 Fla. App. LEXIS 19146, 2012 WL 5416432

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

Durham v. Butler

Court: District Court of Appeal of Florida | Date Filed: 2012-05-30

Citation: 89 So. 3d 1023, 2012 WL 1934431, 2012 Fla. App. LEXIS 8625

Snippet: (2011), provides: Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction

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

Court: District Court of Appeal of Florida | Date Filed: 2012-05-30

Citation: 88 So. 3d 1050, 2012 Fla. App. LEXIS 8593, 2012 WL 1939742

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

Johnson v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2012-05-09

Citation: 88 So. 3d 335, 2012 WL 1605469, 2012 Fla. App. LEXIS 7200

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: District Court of Appeal of Florida | Date Filed: 2011-10-05

Citation: 70 So. 3d 749, 2011 Fla. App. LEXIS 15738, 2011 WL 4578271

Snippet: temporary emergency jurisdiction provision. See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010)