Florida Statutes

Fla. Stat. § 61.519 (2025)

Simultaneous proceedings.

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61.519 Simultaneous proceedings.—

(1) Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part, 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.

(2) Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;

(b) Enjoin the parties from continuing with the proceeding for enforcement; or

History.—s. 5, ch. 2002-65.

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 2004–2024 · leading case: Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006).

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Arjona v. Torres, 941 So. 2d 451 (Fla. 3d DCA 2006). · cites it 5× “Section 61.519, Florida Statutes (2005), provides, in pertinent part, as follows: Simultaneous proceedings.”

Staats v. McKinnon, 206 S.W.3d 532 (Tenn. Ct. App. 2006). · cites it 2× “Accord Fla. Stat. Ann. § 61.519 to 61.521; UCCJEA §§ 206-208, 9 U.”

Staats v. McKinnon, 924 So. 2d 82 (Fla. 1st DCA 2006). · cites it 5× “In our judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.”

Durham v. Butler, 89 So. 3d 1023 (Fla. 3d DCA 2012). · cites it 5× “We find that, pursuant to section 61.519(1), Florida Statutes (2011), the trial court currently lacks jurisdiction, and we grant the petition.”

Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012). · cites it 6× “Johnson), appeals the trial court’s order dismissing his petition for dissolution of marriage after a telephonic hearing in consultation with two courts of a foreign jurisdiction — a New York family court and a New York supreme court — as authorized by section 61.519, Florida…”

Karam v. Karam, 6 So. 3d 87 (Fla. 3d DCA 2009). · cites it 2× “Although it appears that Florida is the children’s “home state,” section 61.519, prohibits Florida from exercising its jurisdiction under section 61.”

Nadine Mcindoo v. Ashley Atkinson, 159 So. 3d 227 (Fla. 4th DCA 2015). · cites it 5× “§ 61.519, Fla. Stat. (2013) (emphasis added).”

In Re the Marriage of Margain & Ruiz-Bours, 372 P.3d 313 (Ariz. Ct. App. 2016). “¶ 33 The Florida District Court of Appeal quashed the trial court’s dismissal of the wife’s petition based on Fla. Stat. § 61.519 , titled “Simultaneous proceedings.”

London v. London, 32 So. 3d 107 (Fla. 2d DCA 2009). · cites it 4× “Thus, we conclude that the Florida trial court possesses jurisdiction over the matter pursuant to section 61.”

Slowinski v. Sweeney, 117 So. 3d 73 (Fla. 1st DCA 2013). “See §§ 61.519, 61.522, Fla. Stat. On March 27, 2012, Mr.”

Hirvonen v. Filsinger, 866 So. 2d 1273 (Fla. 4th DCA 2004). “One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s.”

Tidwell v. Tidwell, 983 So. 2d 742 (Fla. 4th DCA 2008). · cites it 2× “See § 61.519(1), Fla. Stat. The trial court's rulings must be affirmed.”

Show all 22 citing cases →

— 61.519(1) — 10 cases

Durham v. Butler, 89 So. 3d 1023 (Fla. 3d DCA 2012). “We find that, pursuant to section 61.519(1), Florida Statutes (2011), the trial court currently lacks jurisdiction, and we grant the petition.”

Staats v. McKinnon, 924 So. 2d 82 (Fla. 1st DCA 2006). “In our judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.”

Hirvonen v. Filsinger, 866 So. 2d 1273 (Fla. 4th DCA 2004). “One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s.”

Tidwell v. Tidwell, 983 So. 2d 742 (Fla. 4th DCA 2008). “See § 61.519(1), Fla. Stat. The trial court's rulings must be affirmed.”

N.B. v. Dep't of Child. of Families, 274 So. 3d 1163 (Fla. 3d DCA 2019).

— 61.519(2) — 5 cases

Johnson v. Johnson, 88 So. 3d 335 (Fla. 2d DCA 2012). “Johnson), appeals the trial court’s order dismissing his petition for dissolution of marriage after a telephonic hearing in consultation with two courts of a foreign jurisdiction — a New York family court and a New York supreme court — as authorized by section 61.519, Florida…”

Racquel Dorvil v. Jacarr Atwell (Fla. 3d DCA 2024).

Kilcrease v. Brown (Fla. 1st DCA 2024).

Medlin v. Medlin, 18 So. 3d 734 (Fla. 1st DCA 2009).

— 61.519(3) — 1 case

Staats v. McKinnon, 924 So. 2d 82 (Fla. 1st DCA 2006). “In our judgment, the provisions of section 61.519 should be considered in pari materia with those of section 61.”

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