...5th DCA 2025); Bravo v.
Johnson,
396 So. 3d 874, 876–77 (Fla. 1st DCA 2024); McIndoo v.
Atkinson,
159 So. 3d 227, 230–31 (Fla. 4th DCA 2015). Indeed,
Florida courts “shall recognize and enforce” lawful custody orders
from other states. See §
61.526(1), Fla....
...Their petition did not ask the Florida court to
2
modify the existing order, even on a temporary basis. In that
scenario, temporary emergency jurisdiction was unnecessary.
Instead, the court should have evaluated whether the home state
custody order was enforceable under section
61.526. See McIndoo,
159 So. 3d at 228–31 (rejecting a court’s ruling that it lacked
jurisdiction, and holding that it should have granted relief under
section
61.526—the “proper statute”—reasoning that the home
state rule “applies to an initial child custody determination,” not
to a petition asking a Florida court to domesticate an out-of-state
order); see also Smith v. Daniel,
246 So. 3d 1279, 1280–81, 1281
n.3 (Fla. 1st DCA 2018) (citing section
61.526(1)—which “requires
a Florida court to ‘recognize and enforce a child custody
determination of a court of another state’”—in holding that a court
erred by not giving full faith and credit to an out-of-state order);
Ledoux-Nottingham v. Downs,
163 So. 3d 560, 563 (Fla. 5th DCA
2015) (affirming the enforcement of another state’s visitation
order, which was “enforceable in Florida pursuant to the Full Faith
and Credit Clause as well as section
61.526, Florida Statutes”).
Accordingly, we reverse and remand with instructions to
consider the domestication and enforcement petition on the merits.
We reject Appellants’ other arguments without discussion.
REVERSED and REMAND...