Florida Statutes

Fla. Stat. § 61.518 (2025)

Notice; opportunity to be heard; joinder.

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61.518 Notice; opportunity to be heard; joinder.—

(1) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of s. 61.509 must be given to all persons entitled to notice under the laws of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person acting as a parent.

(2) This part does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this part are governed by the laws of this state as in child custody proceedings between residents of this state.

History.—s. 5, ch. 2002-65.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2002–2023 · leading case: Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002).

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Arkansas Dep't of Human Servs. v. Cox, 82 S.W.3d 806 (Ark. 2002). · cites it 4× “§ 9-19-205(2002); Fla. Stat. Ann. § 61.518 (2002); Fla. Stat.”

Douglas v. Johnson, 65 So. 3d 605 (Fla. 2d DCA 2011). · cites it 2× “Section 61.518, Florida Statutes (2010), provides that “[b]efore a child custody determination is made under this part, notice and an opportunity to be heard .”

Ferris v. Winn, 242 So. 3d 509 (Fla. 2d DCA 2018). · cites it 2× “any parent whose parental rights have not been previously terminated." The legislature defines "[c]hild custody determination" as a "judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a…”

Bahl v. Bahl, 220 So. 3d 1214 (Fla. 2d DCA 2016). · cites it 2× “Section 61.518(1), Florida Statutes (2015), provides that “[b]efore a child custody determination is made under this part, notice and an opportunity to be heard .”

Hammack v. Moxcey, 220 So. 3d 1053 (Ala. Civ. App. 2016). · cites it 2× “” See also Fla. Stat. § 61.518 (1) (substantially similar to § 30-3B-205(a)).”

James Leigh Ferris v. Dianna Winn, f/ k/ a Dianna Ferris (Fla. 2d DCA 2018). · cites it 2× “any parent whose parental rights have not been previously terminated." The legislature defines "[c]hild custody determination" as a "judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a…”

Anthony T. Litsch, III Vs Julie Litsch n/k/a Julie Mills (Fla. 5th DCA 2023). “2d DCA 2011) (stating that an “opportunity to be heard” under UCCJEA (section 61.518) means an opportunity to present witnesses or evidence); Poliandro, 899 So.”

— 61.518(1) — 4 cases

Ferris v. Winn, 242 So. 3d 509 (Fla. 2d DCA 2018). “any parent whose parental rights have not been previously terminated." The legislature defines "[c]hild custody determination" as a "judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a…”

Bahl v. Bahl, 220 So. 3d 1214 (Fla. 2d DCA 2016). “Section 61.518(1), Florida Statutes (2015), provides that “[b]efore a child custody determination is made under this part, notice and an opportunity to be heard .”

Hammack v. Moxcey, 220 So. 3d 1053 (Ala. Civ. App. 2016). “” See also Fla. Stat. § 61.518 (1) (substantially similar to § 30-3B-205(a)).”

James Leigh Ferris v. Dianna Winn, f/ k/ a Dianna Ferris (Fla. 2d DCA 2018). “any parent whose parental rights have not been previously terminated." The legislature defines "[c]hild custody determination" as a "judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a…”

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