Dependency Law Finder

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

   This opinion cites § 61.1308 10 times, the section generally

   · cited by 21 in all courts

   …that the "portion of the judgment granting `custody' of the parties' child was plainly erroneous ... because the complaint did not comply with section 61.1308 or 61.132, Florida Statutes (1985)...." In Mouzon , the fifth district stated that a Florida court did not have jurisdiction because "neither ... the…

2. Johnson v. Denton 542 So. 2d 447 · 5D88-1871 · 5th DCA 1989

   This opinion cites § 61.1308 3 times, the section generally

   · cited by 5 in all courts

   …UCCJA must be applied to determine Florida's jurisdiction. First, it is apparent Florida would have jurisdiction because it is the home state of the child. § 61.1308(1)(a), Fla. Stat. (1987). However, whether Florida should have exercised its jurisdiction is quite another matter. [1] Section 61.133(1) provides: (1) If a court…

3. Martin v. Marko 564 So. 2d 518 · DCA90-1452 · District Court of Appeal 1990

   This opinion cites § 61.1308 2 times, the section generally

   · cited by 4 in all courts

   …state jurisdiction in this case, he could not enter a temporary order on an emergency basis because of the absence of the child from the state, citing section 61.1308(l)(c), Florida Statutes (1987). This section is a seldom used provision for a court to assert jurisdiction but which does not prevent a court from hearing an…

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

   This opinion cites § 61.1308 2 times, the section generally

   · cited by 1 in all courts

   …a child custody determination. (3) Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. § 61.1308; § 5344. We disagree with appellant’s contention that Pennsylvania had jurisdiction under section 5344(a)(2), the “significant connection” provision of the…

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

   This opinion cites § 61.1308 2 times, the section generally

   · cited by 4 in all courts

   …of the child. Since Maryland, a possible "home" state, had declined to take jurisdiction, the Florida court then had discretion to proceed under section 61.1308(1)(d)1 of the Act, and subject matter jurisdiction attached. I disagree with the majority on the first issue because I think this case is in conflict with …

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

   Reversed & remanded This opinion cites § 61.1308 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.

   …K.J., by the time 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…

7. P.C. v. Department of Children & Family Services 773 So. 2d 1262 · 3D00-2144 · 3rd DCA 2000

   Reversed & remanded This opinion cites § 61.1308 1 time, the section generally

   On clarification, dismissal of dependency petitions reversed because the trial court had jurisdiction under section 61.1308(1)(b); remanded including the mother's fitness.

   …and Family Services and the attorney ad litem’s joint motion for clarification. It is our conclusion that the trial court has jurisdiction pursuant to section 61.1308(l)(b), Florida Statutes (1999), thus we reverse the order of the trial court dismissing the dependency petitions of the Department of Children and Family Services…

8. Kennedy v. Kennedy 559 So. 2d 713 · 5D89-2091 · 5th DCA 1990

   This opinion cites § 61.1308 1 time, the section generally

   · cited by 6 in all courts

   …Act to make a custody determination. [2] The subject matter jurisdiction of courts in this state to make custody determinations is set forth in section 61.1308, Florida Statutes: (1) A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by…

9. Schilling v. Wood 532 So. 2d 12 · 4D87-2350 · 4th DCA 1988

   This opinion cites § 61.1308 1 time, the section generally

   · cited by 9 in all courts

   …petition and motion were filed, the court issued an ex parte order holding it had custody pursuant to the Uniform Child Custody Jurisdiction Act, section 61.1308, Florida Statutes, and granting the temporary injunction sought by the grandparents without notice to appellant. This gave the grandparents temporary custody…

10. Williams v. Starnes 522 So. 2d 469 · 2D87-3346 · 2nd DCA 1988

    This opinion cites § 61.1308 1 time, the section generally

    · cited by 10 in all courts

    …Act (UCCJA), see Ch. 77-433, Laws of Fla., which abrogated the common law with respect to jurisdiction to entertain interstate custody disputes. See § 61.1308(2), Fla. Stat. (1987); Trujillo v. Trujillo, 378 So.2d 812 (Fla. 3d DCA 1979). While the UCCJA has been held to apply only to interstate custody disputes, …

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

    This opinion cites § 61.1308 1 time, the section generally

    · cited by 9 in all courts

    …812 (Fla. 3d DCA 1979); Mort v. Mort, 365 So.2d 194 (Fla. 4th DCA 1978). That uniform act presupposes an existing basis for the award of custody. § 61.1308(1), Fla. Stat. (1981). The circuit court's jurisdiction was not necessarily predicated on the provisions of chapter 61, Florida Statutes (1981), because a…

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

    This opinion cites § 61.1308 1 time, the section generally

    · cited by 5 in all courts

    …pleading to determine dependency was filed. Appellant contends that this requirement is jurisdictional. This argument ignores the express language of section 61.1308, Florida Statutes, which provides: [A] court of this state which is competent to decide child custody matters has jurisdiction to make a child custody…

13. Amendments to the Florida Family Law Rules of Procedure & Family Law Forms 810 So. 2d 1 · SC99-2 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 61.1308 1 time, the section generally

    · cited by 54 in all courts

    …to exercise original jurisdiction over the minor children listed below under the Uniform Child Custody Jurisdiction Act (UCCJA), specifically, section 61.1308, Florida Statutes. — b. A certified out-of-state custody decree has been presented to this Court with a request for full faith and credit recognition and…

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