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Florida Statute 61.517 | Lawyer Caselaw & Research
F.S. 61.517 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 61.517

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. 61.517
61.517 Temporary emergency jurisdiction.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and:
(a) The child has been abandoned;
(b) 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 or abuse; or
(c) It is necessary in an emergency to protect the child because the child has been subjected to or is threatened with being subjected to sex-reassignment prescriptions or procedures, as defined in s. 456.001.
(2) If there is no previous child custody determination that is entitled to be enforced under this part, and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ss. 61.514-61.516. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ss. 61.514-61.516, a child custody determination made under this section becomes a final determination if it so provides and this state becomes the home state of the child.
(3) If there is a previous child custody determination that is entitled to be enforced under this part, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 61.514-61.516. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ss. 61.514-61.516, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction under ss. 61.514-61.516, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
History.s. 5, ch. 2002-65; s. 7, ch. 2003-1; s. 1, ch. 2023-90.

F.S. 61.517 on Google Scholar

F.S. 61.517 on Casetext

Amendments to 61.517


Arrestable Offenses / Crimes under Fla. Stat. 61.517
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.517.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . ." § 61.517(1), Fla. Stat. (2018) ; see Cal. Fam. . . . UCCJEA § 204 comment (1997); see § 61.517(2), Fla. . . . order is obtained from a court of a state having jurisdiction [as the home state of the child]." § 61.517 . . .

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

. . . ." § 61.517(1), Fla. Stat. (2017). . . . Section 61.517(4), Fla. . . . matter for the Seventeenth Judicial Circuit Court to contact the Virginia court pursuant to section 61.517 . . . DCA 2016) ("[B]ecause the trial court failed to satisfy the contact requirement imposed by section 61.517 . . . Section 61.517, Fla. Stat. (2017). . . .

YOUSSEF, v. ZAITOUNI, R. Y. A. Y. S. Y., 241 So. 3d 901 (Fla. App. Ct. 2018)

. . . ." § 61.517(1). . . .

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

. . . respondent states that she “filed a Private Dependency Petition in Georgia based on Florida statutes § 61.517 . . . " or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . .

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

. . . . §■ 61.517(1), Fla: Stat. (2016). . . . See § 61.517(1), Fla. Stat. . . . having jurisdiction under ss. 61.5J.4-61.516, shall immediately communicate with the other court- § 61.517 . . . petitions, the trial court contacted the Texas court at all, much less immediately, as required by section 61.517 . . . Therefore, because the trial court failed to satisfy the contact requirement imposed by section 61.517 . . .

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

. . . See § 61.517, Fla. Stat. (2015); N.Y. Dom. Rel. Law § 76-c (McKinney 2015). . . . See § 61.517(4), Fla. Stat. (2015). . . .

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

. . . This section states: (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . . trial court’s jurisdiction in simultaneous proceedings, states: Except as otherwise provided in s. 61.517 . . .

EDGAR, v. FIRUTA,, 100 So. 3d 255 (Fla. Dist. Ct. App. 2012)

. . . North Carolina’s counterpart to section 61.517, Florida Statutes (2011), “Temporary emergency jurisdiction . . .

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

. . . Section 61.519(1), Florida Statutes (2011), provides: Except as otherwise provided in s. 61.517, a court . . .

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

. . . Section 61.514(1) states as follows: (1) Except as otherwise provided in s. 61.517 [the section dealing . . .

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

. . . .— (2) Except as otherwise provided in s.61.517 [temporary emergency jurisdiction], a court of this state . . .

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

. . . See § 61.517, Fla. Stat. (2010); Va.Code Ann. § 20-146.15 (2010). We affirm on all but one issue. . . . See § 61.517, Fla. Stat. (2010); Ya.Code Ann. § 20-146.15 (2010). . . . Section 61.517(4), Florida Statutes provides, in pertinent part: A court of this state which is exercising . . . safety of the parties and the child, and determine a period for the duration of the temporary order. § 61.517 . . . See § 61.517(1), Fla. Stat. (2010). . . . .

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

. . . The statute provides as follows: (1) Except as otherwise provided in s. 61.517 [providing for “temporary . . .

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

. . . .— (1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial . . .

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

. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . Simultaneous proceedings— (1) Except as otherwise provided in s. 61.517,a court of this state may not . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .

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

. . . Section 61.514 provides: (1)Except as otherwise provided in s. 61.517, a court of this state has jurisdiction . . .

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

. . . . — Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination . . . They provide: 61.514 Initial child custody jurisdiction.- (1) Except as otherwise provided in s. 61.517 . . .

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)

. . . Initial child custody jurisdiction,” provides in relevant part: (1) Except as otherwise provided in s. 61.517 . . . even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517 . . . Section 61.517, titled “Temporary emergency jurisdiction,” provides in relevant part: (1) A court of . . . Any temporary child custody determinations made in this case under section 61.517 remained in effect . . . See § 61.517(2). . . .

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

. . . Stat. 61.517.” . . . ), provides as follows: Initial child custody jurisdiction.— (1) Except as otherwise provided in s. 61.517 . . . provides, in pertinent part, as follows: Simultaneous proceedings.— (1) Except as otherwise provided in s. 61.517 . . . court of this state is a more convenient forum under s. 61.520. (2) Except as otherwise provided in s. 61.517 . . .

SARGI, v. HERNANDEZ,, 939 So. 2d 179 (Fla. Dist. Ct. App. 2006)

. . . See § 61.517(1), Fla. . . .

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

. . . custody proceeding in another state is then in progress, provides: Except as otherwise provided in s. 61.517 . . . Section 61.517 is not'pertinent to this appeal because it applies to a court’s temporary emergency jurisdiction . . .

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

. . . . § 61.517, Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. . . . the trial judge should have communicated with the judge in North Dakota under the terms of section 61.517 . . . , or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.” § 61.517 . . . Therefore, in accordance with section 61.517(4), once the trial judge learned of North Dakota’s domestic . . . the protective order, this does not negate the requirement imposed on the Florida judge under section 61.517 . . .

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

. . . One of the provisions of the UCCJEA, section 61.519(1), provides: Except as otherwise provided in s. 61.517 . . . entry of the dissolution judgment did terminate the Florida proceedings regarding custody, section 61.517 . . . Although the trial court did not cite section 61.517, the mother’s actions could constitute mistreatment . . .

K. H. v. DEPARTMENT OF CHILDREN FAMILY SERVICES,, 846 So. 2d 544 (Fla. Dist. Ct. App. 2003)

. . . .” § 61.517(1), Fla. Stat. No proceedings concerning these children were brought in Virginia. . . .