Florida Statute 61.520 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 61.520

Annotations, Discussions, Cases:

Cases Citing Statute 61.520

Total Results: 20

Steckler v. Steckler

921 So. 2d 740, 2006 WL 359673

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1659670

Cited 14 times | Published

factors enumerated in section 61.520, Florida Statutes (2005). Under section 61.520, any party may raise

Dileo v. Dileo

939 So. 2d 181, 2006 WL 2844359

District Court of Appeal of Florida | Filed: Oct 6, 2006 | Docket: 1237738

Cited 5 times | Published

exercise further jurisdiction, in accordance with section 61.520, Florida Statutes (2005). He suggested that

KI v. Department of Children and Families

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

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2353187

Cited 4 times | Published

of another state is a more appropriate forum." § 61.520(1), Fla. Stat. (2010).[3] The transfer of a case

Rudel v. Rudel

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

District Court of Appeal of Florida | Filed: Apr 17, 2013 | Docket: 60230801

Cited 3 times | Published

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

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

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

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308123

Cited 3 times | Published

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

Haugabook v. Jeffcoat-Hultberg

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

District Court of Appeal of Florida | Filed: Dec 22, 2016 | Docket: 60266568

Cited 2 times | Published

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

Barnes v. Barnes

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

District Court of Appeal of Florida | Filed: Oct 30, 2013 | Docket: 60235608

Cited 2 times | Published

court properly refused jurisdiction pursuant to section 61.520, Florida Statutes (2011), is not supported

Johnson v. Johnson

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

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60308241

Cited 2 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 4418057

Cited 1 times | Published

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

Burgos v. Sequeira, Vargas

District Court of Appeal of Florida | Filed: Oct 16, 2024 | Docket: 69265873

Published

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

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

District Court of Appeal of Florida | Filed: Oct 13, 2023 | Docket: 68034132

Published

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

PAUL ERNEST VARCHETTI v. JULIE ANNE VARCHETTI

District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479789

Published

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

WAED JAMIL AWAD v. BASHIR M. NOUFAL

District Court of Appeal of Florida | Filed: Sep 13, 2019 | Docket: 16193034

Published

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

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

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718910

Published

determination that it is an inconvenient forum. See § 61.520(2), Fla. Stat. (2018). Second, it is axiomatic

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

274 So. 3d 1163

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 64718911

Published

determination that it is an inconvenient forum. See § 61.520(2), Fla. Stat. (2018). Second, it is axiomatic

Destefanis v. Tan

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130765

Published

court’s jurisdiction as exclusive, and analyze section 61.520 under the lens of exclusivity. Suit

Leming v. Jenkins

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

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60238349

Published

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

London v. London

32 So. 3d 107, 2009 Fla. App. LEXIS 15614, 2009 WL 3320189

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 1662393

Published

UCCJEA defines the term "inconvenient forum" in section 61.520. To conform substantially with the UCCJEA in

Schmitt v. Maile

946 So. 2d 60, 2006 WL 3733778

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 1771347

Published

appropriate forum as discussed in Florida Statute § 61.520. The Mother argues that the trial court erred

Collar v. Collar

919 So. 2d 608, 2006 Fla. App. LEXIS 387, 2006 WL 120056

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 64842051

Published

neither abuse of discretion nor error of law. See § 61.520, Fla. Stat. (2005); Winton-Ibanez v. Ibanez, 690