Dependency Law Finder

1. In re D.N. 858 So. 2d 1087 · 2D03-844 · 2nd DCA 2003

   Affirmed This opinion cites § 61.1306 2 times, the section generally

   · cited by 3 in all courts

   Order returning the children to their Hawaii father affirmed because the UCCJA and PKPA required enforcing his custody order; the ICPC did not override it.

   … In this case, the Hawaii court entered a valid custody order on January 29, 2001, *1091 and again on March 13, 2001, in a custody proceeding. See § 61.1306(3) (defining a "custody proceeding" for purposes of the UCCJA as including any action in which custody is one of several issues to be determined). Hawaii has…

2. Kochinsky v. Moore 698 So. 2d 397 · 4D97-1034 · 4th DCA 1997

   This opinion cites § 61.1306 2 times, the section generally

   · cited by 3 in all courts

   …determination is one of several issues, such as an action for dissolution of marriage or separation, and includes child neglect and dependency proceedings." § 61.1306(3), Fla. Stat. (1995). It also applies to a custody determination which includes orders regarding the custody of a child, "including visitation rights." §…

3. In Interest of J.S. 404 So. 2d 1144 · 5D81-1022 · 5th DCA 1981

   This opinion cites § 61.1306 2 times, the section generally

   · cited by 16 in all courts

   …as defined for purposes of the Uniform Child Custody Jurisdiction Act (UCCJA), sections 61.1302-48, include child neglect and dependency proceedings. § 61.1306(3), Fla. Stat. (1979). Chapter 61 does not avail Mrs. Hamel, however, because she is not a "contestant" under section 61.1306(1): as a grandparent, though …

4. Putnal v. Putnal 392 So. 2d 613 · 5D80-419 · 5th DCA 1981

   This opinion cites § 61.1306 2 times, the section generally

   · cited by 5 in all courts

   …be made parties or given notice of dissolution pleadings or proceedings, nor shall such grandparents have legal standing as "contestants" as defined in s. 61.1306. No court shall order that a child be kept within the state or jurisdiction of the court solely for the purpose of permitting visitation by the grandparents.…

5. & SC16-400 Elizabeth White v. Mederi Caretenders Visiting Services of Southeast Florida, LLC., and Americare Home Therapy, Inc., etc. v. Carla Hiles 226 So. 3d 774 · SC16-28 · Florida Supreme Court 2017

   This opinion cites § 61.1306 1 time, the section generally

   · cited by 31 in all courts

   …expansively); Yon v. Fleming, 595 So. 2d - 13 - 573, 577 (Fla. 4th DCA 1992) (interpreting “includes” in section 61.1306(3), Florida Statutes (1991), expansively). Referral sources are simply not antithetical to the plain language of the statute because they are different…

6. D.S. v. Department of Children & Families 888 So. 2d 85 · 5D03-3491 · 5th DCA 2004

   Reversed & remanded This opinion cites § 61.1306 1 time, the section generally

   · cited by 2 in all courts

   Termination judgment void because Connecticut remained the home state and had not relinquished jurisdiction; Florida had only emergency jurisdiction for shelter.

   …the termination petition was filed, had been living in Florida (albeit pursuant to the lower courts shelter order) for more than six months. 61.1308(1)(a), 61.1306(5), Fla. Stat. (2001). We reject this argument. Although the Florida court had jurisdiction to enter the shelter order under the emergency jurisdiction component…

7. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553 · 4th DCA 2002

   Reversed This opinion cites § 61.1306 1 time, the section generally

   Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.

   …issue in this case to the requirements of the Uniform Child Custody Jurisdiction Act ("UCCJA"), which provisions apply to dependency proceedings. See § 61.1306(3), Fla. Stat. (2001). The Rules of Juvenile Procedure require compliance with the UCCJA. See Fla. R. Juv. P. 8.203. Under the provisions of that rule, "[e]ach…

8. D.M. v. J.D.M. ex rel. C.F. 814 So. 2d 1112 · 4D01-4553-2 · 4th DCA 2002

   Reversed This opinion cites § 61.1306 1 time, the section generally

   · cited by 7 in all courts

   Denial of transfer of the dependency case to the child's home county reversed as an abuse of discretion because of the mother's forum shopping after ten years of custody litigation.

   …issue in this case to the requirements of the Uniform Child Custody Jurisdiction Act (“UC-CJA”), which provisions apply to dependency proceedings. See § 61.1306(3), Fla. Stat. (2001). The Rules of Juvenile Procedure require compliance with the UCCJA. See Fla. R. Juv. P. 8.203. Under the provisions of that rule, “[e]ach…

9. Yon v. Fleming 595 So. 2d 573 · 4D91-1731 · 4th DCA 1992

   This opinion cites § 61.1306 1 time, the section generally

   · cited by 12 in all courts

   …of the minor child. Our decision thus does not hold that the UCCJA is displaced in paternity cases. To do so would contravene the language of section 61.1306(3), which says: "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution of…

10. Walt v. Walt 574 So. 2d 205 · 1D89-3026 · 1st DCA 1991

    This opinion cites § 61.1306 1 time, the section generally

    · cited by 21 in all courts

    …counted as part of the six-month or other period. Section 93-23-3(f), Mississippi Code. The definition under the Florida act and the UCCJA is identical. § 61.1306(5), Fla. Stat. (1989); § 3, UCCJA. [12] § 93-23-5(1)(b), Miss.Code. The parties agree that the Mississippi court could not have assumed jurisdiction under…

11. Fowler v. Weeks 467 So. 2d 1106 · DCA83-1215 · District Court of Appeal 1985

    This opinion cites § 61.1306 1 time, the section generally

    · cited by 1 in all courts

    …. Florida, on the other hand, did have jurisdiction to enter its own custody decree on the basis of section 61.1308(l)(a), the "home state” provision. Section 61.1306(5) defines "home state” as: the state in which the child, immediately preceding the time involved, lived with his parents, a parent, or a person acting as…

12. Padgett v. Pettis 445 So. 2d 633 · 1DAS-197 · 1st DCA 1984

    This opinion cites § 61.1306 1 time, the section generally

    · cited by 9 in all courts

    …expressly ruled it had jurisdiction under the provisions of chapter 61, Florida Statutes, but in the process held that so much of sections 61.13(2)(b) and 61.1306, Florida Statutes (1981), providing that a grandparent shall not have standing as a contestant, are unconstitutional as applied in this case. We vacate the…

13. Dykes v. Dykes 395 So. 2d 188 · 5D79-2 · 5th DCA 1981

    This opinion cites § 61.1306 1 time, the section generally

    · cited by 4 in all courts

    …custody of this child. Hoffman v. Jones, 280 So.2d 431 (Fla. 1973). NOTES [1] Section 61.1302, et seq., Florida Statutes (Supp. 1978). [1] § 61.1306(5), Fla. Stat. (1979). [2] § 61.1308(1)(a), Fla. Stat. (1979). [3] The circuit court reheard the issue of temporary custody on February 13, 1980, when both…

14. T.L. v. Department of Health & Rehabilitative Services 392 So. 2d 288 · 5D78-2477/T4-296 · 5th DCA 1980

    This opinion cites § 61.1306 1 time, the section generally

    · cited by 5 in all courts

    …Child Custody Act, sections 61.1302-61.1348, Florida Statutes (1979), regulates the conduct of "custody proceedings" which include dependency proceedings. § 61.1306(3), Fla. Stat. (1979). [1] Section 61.132 of this act requires that: [E]very party in a custody proceeding, in his first pleading or in an affidavit attached …

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