Definitions.§ 61.503
15 opinions cite § 61.503
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Baker v. Tunney 201 So. 3d 1235 · 5D15-4139 · 5th DCA 2016
· cited by 5 in all courts
…hearings. Father argued 2 “claims a right to a child-custody determination under the laws of this state.” § 61.503(13)(a)-(b), Fla. Stat. (2015) (emphasis added). Moreover, many courts have recognized that, under the UCCJEA and its prior versions, a putative father’s…
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N.B. v. Dep't of Children of Families 274 So. 3d 1163 · 3D18-2525 · 3rd DCA 2019
Termination affirmed; Florida, the home state, properly exercised UCCJEA jurisdiction after California's emergency proceeding was transferred to Florida.
…lived with a parent or a person acting as a parent for at least [six-]consecutive months immediately before the commencement of a child custody proceeding." § 61.503(7), Fla. Stat (2018). 5 In computing the requisite six-month period, "[a] temporary absence of [a *1168 parent or person acting as a parent] is part of the…
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Mcabee v. Mcabee 259 So. 3d 134 · 4D17-3450 · 4th DCA 2018
· cited by 4 in all courts
…before the commencement of a child custody proceeding. . . . A period of temporary absence of any of the mentioned persons is part of the period.” § 61.503(7), Fla. Stat. (2017). 5 Analysis The father argues the trial court erred by not…
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Burgos v. Sequeira 2D2024-0385 · 2nd DCA 2024
…in the child's home state, and the trial court made the initial child custody determination for the purposes of UCCJEA in granting the Aunt's Petition. See §§ 61.503(3), (8); .514(1)(a). The trial court therefore " 'retains exclusive, continuing jurisdiction' over that determination." Beehler, 351 So. 3d at 1260 (quoting §…
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K.D. v. In re: in the Interest of P.P., R.P., and L.P. 3D21-2420 · 3rd DCA 2022
Dismissal of the aunt's dependency petition reversed because Florida had both temporary emergency and home state jurisdiction over the abused out-of-state children under the UCCJEA.
…with a parent or a person acting as a parent for at least [six] consecutive months immediately before the commencement of a child custody proceeding.” § 61.503(7), Fla. Stat. 2 In computing the requisite six- month period, “[a] temporary absence of [a parent or person acting as a parent] is part of the period.” Id.;…
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Department of Children & Families v. M.N. 199 So. 3d 452 · 3D16-1111 · 3rd DCA 2016
· cited by 2 in all courts
Order closing the case and informally transferring it to Puerto Rico reversed; Florida retained home-state jurisdiction and the court made no inconvenient-forum findings.
…the trial court acquired, and had continuing, jurisdiction over the case and children because Florida is the children’s home state under the UCCJEA. Section 61.503 (7) defines “home state” as: (7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6…
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T.B. v. Department of Children & Families 189 So. 3d 150 · 4D14-4060 · 4th DCA 2015
· cited by 4 in all courts
Permanent guardianship order reversed for lacking required findings and for no best-interests hearing under the relocation statute when the guardian moved out of state.
… neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence . . . . § 61.503(4), Fla. Stat. (2014) (emphasis added). Thus, the Parental Relocation with a Child statute applies to any child to which the UCCJEA is applicable, and the…
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Haugabook v. Jeffcoat-Hultberg 219 So. 3d 65 · 4D16-2951 · 4th DCA 2016
· cited by 4 in all courts
…lived with a parent or a person acting as, a parent for at least 6 consecutive months immediately before the commencement of a' child custody proceeding.” § 61.503(7), Fla. Stat. (2016); Ga. Code § 19-9-41(7) (2016). The six-month provision “protects a parent such as [the mother here], whose children have been removed from…
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Johnson v. Johnson 88 So. 3d 335 · 2D11-1102 · 2nd DCA 2012
· cited by 3 in all courts
…Florida had jurisdiction over the child pursuant to the UCCJEA. See § 61.508. 8 The child’s “home state” determines jurisdiction over the child. Section 61.503(7) defines “home state” as “the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before…
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Mannino v. Mannino 980 So. 2d 575 · 2D07-2744 · 2nd DCA 2008
· cited by 6 in all courts
…in Florida did not have subject matter jurisdiction over child custody matters at the time of the dissolution judgment presents an arguable issue. See § 61.503(7) ("`Home state' means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the…
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In re D.N.H.W. 955 So. 2d 1236 · 2D06-5214 · 2nd DCA 2007
· cited by 17 in all courts
Custody orders reversed as void because Florida was not the child's home state under the UCCJEA; Alabama had initial jurisdiction.
…lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding." § 61.503(7). On the date the proceeding was commenced in this case, Florida was not the "home state" of the child because the child had not lived in Florida for six…
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Doyle v. Owens 881 So. 2d 717 · 1D03-5266 · 1st DCA 2004
· cited by 3 in all courts
…under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii) (allowing appeal of non-final orders determining "child custody in family law matters"). See § 61.503(4), Fla. Stat. (2002) ("`Child custody proceeding' means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a…
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Simpson v. Young 884 So. 2d 186 · 2D03-4897 · 2nd DCA 2004
· cited by 3 in all courts
…issue, because the contempt matter before us is not a “child custody proceeding” as defined in either the Florida or the South Carolina statutes. See § 61.503(4) (“ ‘Child custody proceeding’ means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an…
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E.K. v. Department of Children & Family Services 874 So. 2d 720 · 2D03-5797 · 2nd DCA 2004
· cited by 1 in all courts
Reversed an order compelling paternity testing of a Pennsylvania man with no Florida ties; the court lacked personal jurisdiction to determine his paternity.
…Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), section 61.501-.542, Florida Statutes (2003). “Child custody proceedings,” defined in section 61.503(4) of the UCCJEA, include proceedings for dependency or paternity in which the issue of legal or physical custody may appear. Furthermore, section 61.507…
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K.H. v. Department of Children & Family Services 846 So. 2d 544 · 3D01-2113 · 3rd DCA 2003
· cited by 2 in all courts
Termination reversed for lack of clear and convincing evidence after a two-year delay and confusion over the case plan; jurisdiction and venue claims were rejected.
…39.40(2), Fla. Stat. (1997). Furthermore, the Uniform Child Custody Jurisdiction and Enforcement Act [UCCJA], which applies to dependency proceedings, see § 61.503(4), Fla. Stat. (2002), provides that "a court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been…
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(1) “Abandoned” means left without provision for reasonable and necessary care or supervision.
(2) “Child” means an individual who has not attained 18 years of age.
(3) “Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4) “Child custody proceeding” means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524-61.540.
(5) “Commencement” means the filing of the first pleading in a proceeding.
(6) “Court” means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination.
(7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. In the case of a child younger than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
(8) “Initial determination” means the first child custody determination concerning a particular child.
(9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.
(10) “Issuing state” means the state in which a child custody determination is made.
(11) “Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether it is made by the court that made the previous determination.
(12) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, instrumentality, or public corporation; or any other legal or commercial entity.
(13) “Person acting as a parent” means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(b) Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state.
(14) “Physical custody” means the physical care and supervision of a child.
(15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) “Tribe” means an Indian tribe, or band, or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.
(17) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
History. s. 5, ch. 2002-65.