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Florida Statute 61.538 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.538
61.538 Role of state attorney.
(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child custody proceeding;
(c) A reasonable belief that a criminal statute has been violated; or
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2) A state attorney acting under this section acts on behalf of the court and may not represent any party.
History.s. 5, ch. 2002-65.

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