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Florida Statute 61.514 | Lawyer Caselaw & Research
F.S. 61.514 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.514
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 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(b) A court of another state does not have jurisdiction under paragraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521, and:
1. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
2. Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;
(c) All courts having jurisdiction under paragraph (a) or paragraph (b) have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521; or
(d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
History.s. 5, ch. 2002-65.

F.S. 61.514 on Google Scholar

F.S. 61.514 on Casetext

Amendments to 61.514


Arrestable Offenses / Crimes under Fla. Stat. 61.514
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.514.



Annotations, Discussions, Cases:

Cases from cite.case.law:

N. B. v. DEPARTMENT OF CHILDREN OF FAMILIES,, 274 So. 3d 1163 (Fla. App. Ct. 2019)

. . . Pursuant to the initial child custody jurisdiction provision of the UCCJEA, codified in section 61.514 . . . Tunney, 201 So. 3d 1235, 1237 (Fla. 5th DCA 2016) (citation omitted); see also § 61.514, Fla. . . .

MCABEE, III, v. MCABEE,, 259 So. 3d 134 (Fla. App. Ct. 2018)

. . . or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514 . . .

KESSINGER, v. J. KESSINGER,, 228 So. 3d 1201 (Fla. Dist. Ct. App. 2017)

. . . See §61.514(1), Fla. Stat; §61.516, Fla. Stat. . . .

SCUDDER, v. SCUDDER,, 228 So. 3d 703 (Fla. Dist. Ct. App. 2017)

. . . established a Florida residency for the parties or their children under sections 61.021, 61.503(4), and 61.514 . . . Lande, 2 So.3d 378, 381 (Fla. 4th DCA 2008); then citing § 61.514(1)(a), Fla. Stat. (2010))). . . .

L. HAUGABOOK, v. JEFFCOAT- HULTBERG,, 219 So. 3d 65 (Fla. Dist. Ct. App. 2016)

. . . jurisdiction to determine custody matters is generally limited to the “home state” of the child, § 61.514 . . .

EARNEY, v. QUILOAN,, 206 So.3d 147 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.514, Fla. Stat. (2016). . . .

BAKER, v. TUNNEY,, 201 So. 3d 1235 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.514(l)(a), Fla. Stat. (2015). . . . have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c). § 61.514 . . . See §§ 61.514, 61.520, Fla. Stat. (2015). . . .

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

. . . original jurisdiction over the minor children listed below under the [UCCJEA] ... specifically, section 61.514 . . . Order, citing sections 61.514 and 61.519, Florida Statutes (2013), and arguing that the trial court did . . . Perhaps the trial court may have incorrectly applied the “home state” rule based on section 61.514, Florida . . . absent from this state but a parent or person acting as a parent continues to live in this state. § 61.514 . . . Since section 61.519 expressly states that the court may not exercise jurisdiction under sections 61.514 . . .

E. NEAGLE, v. COUNTER,, 147 So. 3d 586 (Fla. Dist. Ct. App. 2014)

. . . Barnes, 124 So.3d 994, 996 (Fla. 4th DCA 2013) (recognizing home state jurisdiction under § 61.514(l) . . .

BILLIE, v. STIER,, 141 So. 3d 584 (Fla. Dist. Ct. App. 2014)

. . . That statute provides that “a court of this state may not exercise its jurisdiction under ss. 61.514- . . .

BARNES, v. M. BARNES,, 124 So. 3d 994 (Fla. Dist. Ct. App. 2013)

. . . . § 61.514(l)(a), Fla. Stat. (2011); see also Lande v. Lande, 2 So.3d 378, 381 (Fla. 4th DCA 2008). . . . This court has concluded that “section 61.514(l)(a) permits the exercise of home state jurisdiction if . . .

RUDEL, v. E. RUDEL,, 111 So. 3d 285 (Fla. Dist. Ct. App. 2013)

. . . However, even if the trial court did have jurisdiction pursuant to section 61.514, Florida Statutes, . . .

DURHAM, v. BUTLER,, 89 So. 3d 1023 (Fla. Dist. Ct. App. 2012)

. . . vested with subject matter jurisdiction to hear child custody matters when the requirements of section 61.514 . . . Under section 61.514(l)(a), a circuit court has jurisdiction if this state is the child’s home state. . . . determination if 1) the court would have jurisdiction to make an initial determination under section 61.514 . . . otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514 . . .

M. A. C. v. M. D. H., 88 So. 3d 1050 (Fla. Dist. Ct. App. 2012)

. . . F.S. 61.514(l)(a) is also applicable. . . . Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary . . . Section 61.514(1) states as follows: (1) Except as otherwise provided in s. 61.517 [the section dealing . . . The language in the jurisdiction provision of section 61.514(l)(a), which provides for jurisdiction at . . . appears to touch upon this issue in the third paragraph of its order, the court references section 61.514 . . .

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

. . . Analysis We turn first to the “[ijnitial child custody jurisdiction” issue as outlined in section 61.514 . . .

K. I. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 70 So. 3d 749 (Fla. Dist. Ct. App. 2011)

. . . .” § 61.514(l)(a), Fla. Stat. (2010). . . . Statutes provides, in pertinent part: A court of this state which is exercising jurisdiction under ss. 61.514 . . .

J. SCHAFFER, v. S. LING,, 76 So. 3d 940 (Fla. Dist. Ct. App. 2011)

. . . Lande, 2 So.3d 378, 381 (Fla. 4th DCA 2008); see also § 61.514(l)(a), Fla. Stat. (2010). . . .

SARPEL f k a v. EFLANLI,, 65 So. 3d 1080 (Fla. Dist. Ct. App. 2011)

. . . See § 61.514(2), Fla. . . . have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c). § 61.514 . . . Home State Analysis We begin our analysis with section 61.514(l)(a), Florida Statutes, which provides . . . We believe this reasoning is sound and thus hold that section 61.514(l)(a) permits the exercise of home . . .

M. HOLUB, v. E. HOLUB,, 54 So. 3d 585 (Fla. Dist. Ct. App. 2011)

. . . However, at issue in this appeal is the trial court’s application of section 61.514 to the facts presented . . . This record supports the trial court’s exercise of jurisdiction pursuant to sections 61.514(l)(a), 61.514 . . . The UCCJEA defines a Florida court's jurisdiction over child custody determinations thusly: 61.514 Initial . . . live in this state; (b) A court of another state does not have jurisdiction under paragraph (a) ... § 61.514 . . .

HINDLE, v. FUITH,, 33 So. 3d 782 (Fla. Dist. Ct. App. 2010)

. . . .” § 61.514(l)(a), Fla. Stat. (2003). . . . home state jurisdictional requirement when “[a] court of another state does not have jurisdiction § 61.514 . . . in the six months prior to their arrival in Florida and the commencement of the paternity action. § 61.514 . . . As a result, because no court of any other state would have had jurisdiction under section 61.514, the . . . As this paternity action was commenced in November 2003, the applicable statute is section 61.514, Florida . . .

COLLIER, v. COLLIER,, 29 So. 3d 437 (Fla. Dist. Ct. App. 2010)

. . . Accordingly, under section 61.514, Florida Statutes (2008), of the Uniform Child Custody Jurisdiction . . .

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

. . . another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514 . . . jurisdiction is that “a court of this state has jurisdiction to make an initial determination under s. 61.514 . . . Therefore, section 61.514(l)(a) is satisfied. . . . as otherwise provided in s. 61.517,a court of this state may not exercise its jurisdiction under ss. 61.514 . . . that would have given a Florida court jurisdiction jo make an initial determination (under section 61.514 . . .

FRIER, Jr. v. FRIER,, 13 So. 3d 145 (Fla. Dist. Ct. App. 2009)

. . . See § 61.514(3), Fla. Stat. (2008); Brulte v. Brulte, 967 So.2d 1087 (Fla. 1st DCA 2007). . . .

COBO, v. SIERRALTA,, 13 So. 3d 493 (Fla. Dist. Ct. App. 2009)

. . . and the cost to the other party of maintaining or defending any proceeding under this chapter”); § 61.514 . . . See § 61.514(l)(a), Fla. . . .

KARAM, v. KARAM,, 6 So. 3d 87 (Fla. Dist. Ct. App. 2009)

. . . determination if Florida “is the home state of the child on the date of the commencement of the proceeding,” § 61.514 . . . children’s “home state,” section 61.519, prohibits Florida from exercising its jurisdiction under section 61.514 . . . child has already commenced in another state having jurisdiction in substantial conformity with section 61.514 . . . provides in relevant part: (1) [A] court of this state may not exercise its jurisdiction under ss. 61.514 . . . Section 61.514 provides: (1)Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . .

LANDE, v. A. LANDE,, 2 So. 3d 378 (Fla. Dist. Ct. App. 2008)

. . . a child custody determination because Florida was not the child’s home state, as defined in section 61.514 . . . See § 61.514, Fla. Stat. (2007). . . .

TIDWELL, v. S. TIDWELL n k a, 983 So. 2d 742 (Fla. Dist. Ct. App. 2008)

. . . modify a child custody decree unless it had jurisdiction to make an initial determination under section 61.514 . . . Florida cannot exercise jurisdiction under any of the provisions of section 61.514. . . .

McGHEE, v. BIGGS a k a, 974 So. 2d 524 (Fla. Dist. Ct. App. 2008)

. . . another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514 . . . Although section 61.516 also authorizes modification if Florida has initial jurisdiction under section 61.514 . . . They provide: 61.514 Initial child custody jurisdiction.- (1) Except as otherwise provided in s. 61.517 . . .

BRULTE, v. BRULTE,, 967 So. 2d 1087 (Fla. Dist. Ct. App. 2007)

. . . See § 61.514(3), Fla. Stat. (2006). . . .

In D. N. H. W. a N. W. T. G. S. T. v. L. H. D. S. W., 955 So. 2d 1236 (Fla. Dist. Ct. App. 2007)

. . . Section 61.514, titled “Initial child custody jurisdiction,” provides in relevant part: (1) Except as . . . Rather, Alabama had jurisdiction to make the initial custody determination pursuant to section 61.514 . . . See § 61.514(1).(a). . . . child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 61.514 . . . remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 61.514 . . .

OGILVIE, v. OGILVIE,, 954 So. 2d 698 (Fla. Dist. Ct. App. 2007)

. . . that would have given a Florida court jurisdiction to make an initial determination (under section 61.514 . . . determines that the child [and] the child’s parents ... do not presently reside in the other state”); § 61.514 . . .

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

. . . Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally limits jurisdiction to determine . . . Section 61.514, Florida Statutes (2005), provides as follows: Initial child custody jurisdiction.— (1 . . . Section 61.514 of the UCCJEA provides that, except under limited exceptions, Florida has jurisdiction . . . ,” due, in part, to the “significant connections” that the child and one parent has with Florida. § 61.514 . . . See § 61.514(1)(a), Fla. Stat. (2005); see also Nesa v. . . .

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

. . . We conclude that, under sections 61.514, 61.515 and 61.516, the trial court had jurisdiction to determine . . .

DILEO, Sr. v. DILEO,, 939 So. 2d 181 (Fla. Dist. Ct. App. 2006)

. . . no longer had jurisdiction over the issue of child support (apparently based on sections 61.515 and 61.514 . . .

B. STAATS, v. E. McKINNON, f k a E., 924 So. 2d 82 (Fla. Dist. Ct. App. 2006)

. . . See § 61.514, Fla. Stat.; Tenn.Code Ann. § 36-6-216. . . .

S. STECKLER, v. E. STECKLER,, 921 So. 2d 740 (Fla. Dist. Ct. App. 2006)

. . . further provides, in pertinent part: A court of this state which is exercising jurisdiction under §§ 61.514 . . . acting as a parent no longer reside in the state that issued the initial custody determination); § 61.514 . . .

J. PEREZ, v. GILEDES a k a, 912 So. 2d 32 (Fla. Dist. Ct. App. 2005)

. . . Father argues that, under the UCCJA, section 61.514, Florida Statutes, prior to exercising jurisdiction . . .

SANCHEZ, v. FERNANDEZ, a k a, 915 So. 2d 192 (Fla. Dist. Ct. App. 2005)

. . . Florida was never the home state of the minor child, Florida can have jurisdiction only if, under section 61.514 . . .

M. BENSON, v. EVANS,, 901 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . Under the provisions of section 61.514, Florida Statutes (2004), the circuit court was without jurisdiction . . . the meaning of section 61.503(13), Florida Statutes (2004), so there is no jurisdiction under section 61.514 . . . in Broward County “concerning the child’s care, protection, training, and personal relationships.” § 61.514 . . . Section 61.514(1) is “the exclusive jurisdictional basis for making a child custody determination by . . . a court of this state.” § 61.514(2); see also Mainster v. . . .

R. McCORMICK, v. D. OAKES,, 899 So. 2d 393 (Fla. Dist. Ct. App. 2005)

. . . . § 61.514(l)(a), Fla. Stat. (2003). . . .

HIRVONEN, v. FILSINGER,, 866 So. 2d 1273 (Fla. Dist. Ct. App. 2004)

. . . otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514 . . .

GIVENTER, v. GIVENTER,, 863 So. 2d 438 (Fla. Dist. Ct. App. 2003)

. . . in which the father had to obtain an order from a court having jurisdiction to modify under section 61.514 . . . petitioner to obtain an order from a court having jurisdiction under the criteria specified in ss. 61.514 . . . determination is pending in a court of another state having jurisdiction to modify the determination under ss. 61.514 . . .

S. S. v. DEPARTMENT OF CHILDREN AND FAMILIES,, 851 So. 2d 306 (Fla. Dist. Ct. App. 2003)

. . . subject matter jurisdiction over T.S., his child, under the Uniform Custody Jurisdiction Act, section 61.514 . . . The Department argues that the trial court has jurisdiction under section 61.514(l)(b), Florida Statutes . . . Florida can only have jurisdiction under these circumstances if, under section 61.514(l)(b), no other . . .

SPINDLER, v. MAYOL,, 849 So. 2d 1102 (Fla. Dist. Ct. App. 2003)

. . . See § 61.514, Fla. Stat. (2002); Feriole v. Feriole, 468 So.2d 1090, 1091 (Fla. 4th DCA 1985). . . .

UNITED STATES v. CULBRO CORPORATION, Co., 504 F. Supp. 661 (S.D.N.Y. 1981)

. . . Culbro Corp., 1977-Trade Cases ¶ 61.514 (S.D.N.Y.1977). . . . .