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Florida Statute 61.528 | Lawyer Caselaw & Research
F.S. 61.528 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 61.528

The 2023 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.528
61.528 Registration of child custody determination.—
(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the circuit court of the county where the petitioner or respondent resides or where a simultaneous request for enforcement is sought:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that, to the best of the knowledge and belief of the person seeking registration, the order has not been modified; and
(c) Except as otherwise provided in s. 61.522, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(2) On receipt of the documents required by subsection (1), the registering court shall:
(a) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(b) Serve notice upon the persons named pursuant to paragraph (1)(c) and provide them with an opportunity to contest the registration in accordance with this section.
(3) The notice required by paragraph (2)(b) must state that:
(a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(b) A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and
(c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(4) A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(a) The issuing court did not have jurisdiction under ss. 61.514-61.523;
(b) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 61.514-61.523; or
(c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which registration is sought.
(5) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(6) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History.—s. 5, ch. 2002-65.

F.S. 61.528 on Google Scholar

F.S. 61.528 on Casetext

Amendments to 61.528


Arrestable Offenses / Crimes under Fla. Stat. 61.528
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.528.

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. Bender v. Hornback

    322 So. 3d 718 (Fla. Dist. Ct. App. 2021)
    It is clear that the circuit court did not comply with the requirements of section 61.528. The circuit court did not file the foreign judgment or the accompanying documents as required by section 61.528(2)(a), as the ex parte petition was not filed with the clerk of the circuit court. In addition, the circuit court did not provide the former husband with notice of the ex parte petition to domesticate the January 2020 North Carolina order in accordance with section 61.528(2)(b) and (3). Therefore, the former husband did not have an opportunity to contest the validity of the North Carolina order in accordance with section 61.528(4). Even if the former husband was aware of the North Carolina order or participated in the proceedings there, section 61.528 makes no exception for such a situation. In addition, neither the former wife's ex parte petition nor the circuit court's ex parte order domesticating the North Carolina order cite any applicable exception that would have permitted the circuit court to avoid the requirements of section 61.528.
    PAGE 720

  2. McIndoo v. Atkinson

    159 So. 3d 227 (Fla. Dist. Ct. App. 2015)   Cited 2 times
    (4) “Child custody proceeding” means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domesticviolence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524–61.540. § 61.503(4), Fla. Stat. (2013) (emphasis added). As can be seen, the petition for domestication of foreign judgment and notice of registration filed by the mother, pursuant to sections 61.526 and 61.528, respectively, are expressly not included as “child custody proceedings” under the UCCJEA. The trial court order does not cite to, nor can we find, any statutory authority which requires that a proceeding be a “child custody proceeding” under the definition in the UCCJEA before the trial court can have jurisdiction to act upon a petition to domesticate a foreign custody order. To the contrary, both the statute governing domestication of a foreign judgment (section 61.526…

  3. Dyce v. Christie

    17 So. 3d 892 (Fla. Dist. Ct. App. 2009)   Cited 1 times
    The mother's petition for enforcement and registration of the Jamaican judgment requested relief available under sections 61.528 and 61.531, Florida Statutes. Both statutes required the trial court to evaluate whether the father had proper notice and opportunity to be heard in the Jamaican proceedings. The father had notice of those proceedings and entered an appearance, having been represented by a Jamaican attorney until the attorney withdrew because of the father's failure to pay. The father had notice of all relevant hearings and even secured an order for the Jamaican authorities to conduct a social investigation. That he failed to appear at the final hearing or appeal the resulting custody order is, as `the trial court noted, not a failing of the Jamaican procedures but of the father. "The fact that their investigation and court proceedings were incomplete is the fault of Mr. Dyce not the Jamaican system of Justice."

  4. Orsi v. Bollella

    939 So. 2d 254 (Fla. Dist. Ct. App. 2006)
    The basis of the mother's argument that the trial court lacks jurisdiction to enforce the Massachusetts court order is that the father has not registered the Massachusetts court order in Florida. The mother relies on a provision of the Uniform Child Custody Jurisdiction and Enforcement Act, section 61.528(1), Florida Statutes (2006), which provides:

    Cases from cite.case.law:

    McINDOO, v. ATKINSON,, 159 So. 3d 227 (Fla. Dist. Ct. App. 2015)

    . . . of foreign judgment and notice of registration filed by the mother, pursuant to sections 61.526 and 61.528 . . . governing domestication of a foreign judgment (section 61.526) and registration of a judgment (section 61.528 . . . entertain the mother’s petition to domesticate under section 61.526 or the notice she filed under section 61.528 . . . See §§ 61.528(3)(a), (5), Fla. Stat. (2013). . . .

    D. DYCE, v. CHRISTIE,, 17 So. 3d 892 (Fla. Dist. Ct. App. 2009)

    . . . for enforcement and registration of the Jamaican judgment requested relief available under sections 61.528 . . .

    I. ORSI, v. R. BOLLELLA,, 939 So. 2d 254 (Fla. Dist. Ct. App. 2006)

    . . . mother relies on a provision of the Uniform Child Custody Jurisdiction and Enforcement Act, section 61.528 . . .