The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . 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. . . .
. . . or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514 . . .
. . . See §61.514(1), Fla. Stat; §61.516, Fla. Stat. . . .
. . . 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))). . . .
. . . jurisdiction to determine custody matters is generally limited to the “home state” of the child, § 61.514 . . .
. . . .” § 61.514, Fla. Stat. (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). . . .
. . . 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 . . .
. . . Barnes, 124 So.3d 994, 996 (Fla. 4th DCA 2013) (recognizing home state jurisdiction under § 61.514(l) . . .
. . . That statute provides that “a court of this state may not exercise its jurisdiction under ss. 61.514- . . .
. . . . § 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 . . .
. . . However, even if the trial court did have jurisdiction pursuant to section 61.514, Florida Statutes, . . .
. . . 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 . . .
. . . 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 . . .
. . . Analysis We turn first to the “[ijnitial child custody jurisdiction” issue as outlined in section 61.514 . . .
. . . .” § 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 . . .
. . . Lande, 2 So.3d 378, 381 (Fla. 4th DCA 2008); see also § 61.514(l)(a), Fla. Stat. (2010). . . .
. . . 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 . . .
. . . 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 . . .
. . . .” § 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 . . .
. . . Accordingly, under section 61.514, Florida Statutes (2008), of the Uniform Child Custody Jurisdiction . . .
. . . 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 . . .
. . . See § 61.514(3), Fla. Stat. (2008); Brulte v. Brulte, 967 So.2d 1087 (Fla. 1st DCA 2007). . . .
. . . and the cost to the other party of maintaining or defending any proceeding under this chapter”); § 61.514 . . . See § 61.514(l)(a), Fla. . . .
. . . 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 . . .
. . . 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). . . .
. . . 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. . . .
. . . 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 . . .
. . . See § 61.514(3), Fla. Stat. (2006). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . We conclude that, under sections 61.514, 61.515 and 61.516, the trial court had jurisdiction to determine . . .
. . . no longer had jurisdiction over the issue of child support (apparently based on sections 61.515 and 61.514 . . .
. . . See § 61.514, Fla. Stat.; Tenn.Code Ann. § 36-6-216. . . .
. . . 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 . . .
. . . Father argues that, under the UCCJA, section 61.514, Florida Statutes, prior to exercising jurisdiction . . .
. . . Florida was never the home state of the minor child, Florida can have jurisdiction only if, under section 61.514 . . .
. . . 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. . . .
. . . . § 61.514(l)(a), Fla. Stat. (2003). . . .
. . . otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514 . . .
. . . 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 . . .
. . . 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 . . .
. . . See § 61.514, Fla. Stat. (2002); Feriole v. Feriole, 468 So.2d 1090, 1091 (Fla. 4th DCA 1985). . . .
. . . Culbro Corp., 1977-Trade Cases ¶ 61.514 (S.D.N.Y.1977). . . . .