Florida Statute 61.520 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.520

61.520 Inconvenient forum.—

(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.

(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(b) The length of time the child has resided outside this state;

(d) The relative financial circumstances of the parties;

(e) Any agreement of the parties as to which state should assume jurisdiction;

(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(h) The familiarity of the court of each state with the facts and issues in the pending litigation.

(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(4) A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

History.—s. 5, ch. 2002-65.

F.S. 61.520 on Google Scholar

F.S. 61.520 on Casetext

Amendments to 61.520

Arrestable Offenses / Crimes under Fla. Stat. 61.520

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.520.

Annotations, Discussions, Cases:

Cases Citing Statute 61.520

Total Results: 20

Burgos v. Sequeira, Vargas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-16

Snippet: proceeding to the North Carolina court based on section 61.520(1), Florida Statutes (2024), ruling that North

Kilcrease v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2024-03-06

Snippet: this state is a more convenient forum under s. 61.520.” Id.; cf. § 61.516, Fla. Stat. (prohibiting modification

Mattingly, Mattingly v. Hatfield

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

Snippet: state would be a more convenient forum under s. 61.520; or (2) A court of this state or a court

ANTHONY T. LITSCH, III vs JULIE LITSCH N/K/A JULIE MILLS

Court: District Court of Appeal of Florida | Date Filed: 2023-10-13

Snippet: of another state is a more appropriate forum.” § 61.520, Fla. Stat. (2022). Before doing so, however, the

CASSIDY S. MILLER v. ALEX V. MITCHELL

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

Snippet: this state is a more convenient forum under s. 61.520.”); see also N.J. Stat. Ann. § 2A:34-70 (West)

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

Court: District Court of Appeal of Florida | Date Filed: 2020-08-26

Snippet: to change venue to Michigan pursuant to section 61.520, Florida Statutes (2019), Florida’s Uniform Child

WAED JAMIL AWAD v. BASHIR M. NOUFAL

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

Snippet: another state is a more appropriate forum." § 61.520(1). Here, the trial court acknowledged

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: this state is a more convenient forum under s. 61.520."). We agree that, under the broad statutory definition

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: this state is a more convenient forum under s. 61.520."). We agree that, under the broad statutory definition

Destefanis v. Tan

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Snippet: Our analysis is directed by sections 61.515 and 61.520, Florida Statutes (2015). Under section 61.515(1)

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: 70 So.3d 749, 753 (Fla. 4th DCA 2011) (quoting § 61.520(1), Fla. Stat. (2010)). However, an order declining

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: this state is the more appropriate forum under s. 61.520, or s. 61.521, and: 1. The child and the child’s

Dept. of Children and Families v. M.N. and O.C.S.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-31

Citation: 199 So. 3d 452, 2016 Fla. App. LEXIS 13175, 2016 WL 4536489

Snippet: that another forum is more convenient. Section 61.520, “Inconvenient Forum,” in subpart (1), permits

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: this state is a more convenient forum under s. 61.520. § 61.519, Fla. Stat. (2013) (emphasis added)

Leming v. Jenkins

Court: District Court of Appeal of Florida | Date Filed: 2014-02-21

Citation: 132 So. 3d 1216, 2014 Fla. App. LEXIS 2371, 2014 WL 656664

Snippet: court denied the motion, filed pursuant to section 61.520, Florida Statutes (2013), after weighing the factors

Barnes v. Barnes

Court: District Court of Appeal of Florida | Date Filed: 2013-10-30

Citation: 124 So. 3d 994, 2013 WL 5807772, 2013 Fla. App. LEXIS 17206

Snippet: properly refused jurisdiction pursuant to section 61.520, Florida Statutes (2011), is not supported by the

Rudel v. Rudel

Court: District Court of Appeal of Florida | Date Filed: 2013-04-17

Citation: 111 So. 3d 285, 2013 WL 1629167, 2013 Fla. App. LEXIS 6059

Snippet: grounds that Florida was an inconvenient forum. See § 61.520, Fla. Stat. At the hearing on the husband’s motions

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: this state is a more convenient forum under s. 61.520. As this Court has recognized, the Child Custody

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: addressing the statutory factors listed under section 61.520(2)(a)-(h), Florida Statutes (2010), the inconvenient

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: determination but the reverse does not hold true. See § 61.520(4) (providing that “[a] court of this state may