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Home » US Law » 2022 Florida Statutes » Title VI - Civil Practice and Procedure » Chapter 61 - Dissolution of Marriage; Support; Time-Sharing » Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)

61.501 – Short title.

61.501 Short title.—This part may be cited as the “Uniform Child Custody Jurisdiction and Enforcement Act.” History.—s. 5, ch. 2002-65.

61.502 – Purposes of part; construction of provisions.

61.502 Purposes of part; construction of provisions.—The general purposes of this part are to: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which have in the past resulted in the shifting of children from state to state with harmful effects on their well-being. (2) Promote cooperation with the courts of […]

61.503 – Definitions.

61.503 Definitions.—As used in this part, the term: (1) “Abandoned” means left without provision for reasonable and necessary care or supervision. (2) “Child” means an individual who has not attained 18 years of age. (3) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation […]

61.504 – Proceedings governed by other law.

61.504 Proceedings governed by other law.—This part does not govern a proceeding pertaining to the authorization of emergency medical care for a child. History.—s. 5, ch. 2002-65.

61.505 – Application to Indian tribes.

61.505 Application to Indian tribes.— (1) A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., is not subject to this part to the extent that it is governed by the Indian Child Welfare Act. (2) A court of this state shall treat a […]

61.506 – International application of part.

61.506 International application of part.— (1) A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ss. 61.501-61.523. (2) Except as otherwise provided in subsection (3), a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional […]

61.507 – Effect of child custody determination.

61.507 Effect of child custody determination.—A child custody determination made by a court of this state which had jurisdiction under this part binds all persons who have been served in accordance with the laws of this state or notified in accordance with s. 61.509 or who have submitted to the jurisdiction of the court, and who […]

61.508 – Priority.

61.508 Priority.—If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. History.—s. 5, ch. 2002-65.

61.509 – Notice to persons outside the state.

61.509 Notice to persons outside the state.— (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the laws of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice, but may be […]

61.510 – Appearance and limited immunity.

61.510 Appearance and limited immunity.— (1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been […]

61.511 – Communication between courts.

61.511 Communication between courts.— (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (2) The court shall allow the parties to participate in the communication. If the parties elect to participate in the communication, they must be given the opportunity to present facts and legal arguments […]

61.512 – Taking testimony in another state.

61.512 Taking testimony in another state.— (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means available in this state for testimony taken in another state. […]

61.513 – Cooperation between courts; preservation of records.

61.513 Cooperation between courts; preservation of records.— (1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to the laws of that state; (c) Order that an evaluation be made with respect to the custody of a child involved in […]

61.514 – Initial child custody jurisdiction.

61.514 Initial child custody jurisdiction.— (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 […]

61.515 – Exclusive, continuing jurisdiction.

61.515 Exclusive, continuing jurisdiction.— (1) Except as otherwise provided in s. 61.517, a court of this state which has made a child custody determination consistent with s. 61.514 or s. 61.516 has exclusive, continuing jurisdiction over the determination until: (a) A court of this state determines that the child, the child’s parents, and any person acting as a […]

61.516 – Jurisdiction to modify a determination.

61.516 Jurisdiction to modify a determination.—Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and: (1) The court of the other state […]

61.517 – Temporary emergency jurisdiction.

61.517 Temporary emergency jurisdiction.— (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment […]

61.518 – Notice; opportunity to be heard; joinder.

61.518 Notice; opportunity to be heard; joinder.— (1) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of s. 61.509 must be given to all persons entitled to notice under the laws of this state as in child custody proceedings between residents of this […]

61.519 – Simultaneous proceedings.

61.519 Simultaneous proceedings.— (1) Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with […]

61.520 – Inconvenient forum.

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 […]