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Florida Statute 61.522 | Lawyer Caselaw & Research
F.S. 61.522 Case Law from Google Scholar
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The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.522
61.522 Information to be submitted to the court.
(1) Subject to Florida law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in paragraphs (1)(a)-(c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(4) Each party has a continuing duty to inform the court of any proceeding in this or any other state which could affect the current proceeding.
History.s. 5, ch. 2002-65.

F.S. 61.522 on Google Scholar

F.S. 61.522 on Casetext

Amendments to 61.522


Arrestable Offenses / Crimes under Fla. Stat. 61.522
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.522.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. 7. Pursuant to the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 61.522, Florida Statutes, the parties state:
    PAGE 27
  2. Slowinski v. Sweeney

    117 So. 3d 73 (Fla. Dist. Ct. App. 2013)   Cited 3 times
    The maternal grandmother responded to Mr. Sweeney's Pennsylvania proceedings by attempting to enforce the Florida court's order in that forum. She objected to the Pennsylvania court's exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) due to the existence of her earlier-filed Florida custody case and the Florida order in force. The Pennsylvania trial court agreed that it was required to refrain from considering the action and denied Mr. Sweeney's petition. However, a Pennsylvania appellate court reversed this denial and directed the trial court to communicate with the Florida trial court, pursuant to the UCCJEA. The record of this appeal does not contain evidence of or reference to any such communication between the state courts. See§§ 61.519, 61.522, Fla. Stat.
    PAGE 76
  3. The maternal grandmother responded to Mr. Sweeney's Pennsylvania proceedings by attempting to enforce the Florida court's order in that forum. She objected to the Pennsylvania court's exercise of jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") due to the existence of her earlier-filed Florida custody case and the Florida order in force. The Pennsylvania trial court agreed that it was required to refrain from considering the action and denied Mr. Sweeney's petition. However, a Pennsylvania appellate court reversed this denial and directed the trial court to communicate with the Florida trial court, pursuant to the UCCJEA. The record of this appeal does not contain evidence of or reference to any such communication between the state courts. See §§ 61.519, 61.522, Fla. Stat.
    PAGE 6
  4. London v. London

    32 So. 3d 107 (Fla. Dist. Ct. App. 2009)   Cited 3 times
    (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.
    PAGE 110
  5. Mannino v. Mannino

    980 So. 2d 575 (Fla. Dist. Ct. App. 2008)   Cited 7 times
    Sgt. Mannino filed for dissolution of marriage in Florida in August 2004. In the UCCJEA affidavit filed in conjunction with the petition, required by section 61.522, he claimed Florida as the children's "home state." In January 2005 in Japan, the couple executed with all formal requisites a kyogi rikon, the Japanese equivalent of an uncontested divorce. Under the terms of this Japanese divorce, Mrs. Mannino allegedly gave up her sons to Sgt. Mannino's custody and care and without any obligation on her part for their support. After execution of the kyogi rikon, and in the then still ongoing Florida dissolution proceedings, the parties entered into a marital settlement agreement in which Mrs. Mannino agreed that Sgt. Mannino would have sole parental responsibility of the boys and their primary residential custody, and Mrs. Mannino would have specified visitation. In June 2005, the circuit court entered a final judgment of dissolution, incorporating the marital settlement agreement and all its terms. The court also ordered that Mrs. Mannino pay specified child support. No appeal was taken from this final judgment of dissolution.
    PAGE 576
  6. Arjona v. Torres

    941 So. 2d 451 (Fla. Dist. Ct. App. 2006)   Cited 20 times
    (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.
    PAGE 456
  7. Strommen v. Strommen

    927 So. 2d 176 (Fla. Dist. Ct. App. 2006)   Cited 27 times
    Section 61.132 was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522.
    PAGE 178
  8. Ruble v. Ruble

    884 So. 2d 150 (Fla. Dist. Ct. App. 2004)   Cited 11 times
    Section 61.132, Florida Statutes, was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522, Florida Statutes.
    PAGE 152

    Cases from cite.case.law:

    KENTUCKY EMPLOYEES RETIREMENT SYSTEM v. SEVEN COUNTIES SERVICES, INC., 901 F.3d 718 (6th Cir. 2018)

    . . . . § 61.522(3)(a). The statutory definition of governmental unit also includes municipalities. . . .

    SLOWINSKI v. M. SWEENEY,, 117 So. 3d 73 (Fla. Dist. Ct. App. 2013)

    . . . See §§ 61.519, 61.522, Fla. Stat. On March 27, 2012, Mr. . . .

    H. JOHNSON, III, v. JOHNSON,, 88 So. 3d 335 (Fla. Dist. Ct. App. 2012)

    . . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s.61.522 . . .

    LONDON, v. LONDON,, 32 So. 3d 107 (Fla. Dist. Ct. App. 2009)

    . . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522 . . .

    MANNINO, v. MANNINO,, 980 So. 2d 575 (Fla. Dist. Ct. App. 2008)

    . . . In the UCCJEA affidavit filed in conjunction with the petition, required by section 61.522, he claimed . . .

    ARJONA a k a v. TORRES a k a, 941 So. 2d 451 (Fla. Dist. Ct. App. 2006)

    . . . proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522 . . .

    STROMMEN, v. B. STROMMEN n k a, 927 So. 2d 176 (Fla. Dist. Ct. App. 2006)

    . . . That section has been replaced by section 61.522. . . . .

    RUBLE, v. J. RUBLE,, 884 So. 2d 150 (Fla. Dist. Ct. App. 2004)

    . . . That section has been replaced by section 61.522, Florida Statutes. . . .