Dependency Law Finder

1. In re D.N.H.W. 955 So. 2d 1236 · 2D06-5214 · 2nd DCA 2007

   Reversed & remanded This opinion cites § 61.514 11 times: (1)(a), and the section generally

   · 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.

   …that the Florida circuit court did not have subject matter jurisdiction over the custody issue because Florida is not the child's "home state" under section 61.514, Florida Statutes (2004). In light of the undisputed facts of this case, the issue of whether the Florida circuit court has subject matter jurisdiction…

2. K.D. v. In re: in the Interest of P.P., R.P., and L.P. 3D21-2420 · 3rd DCA 2022

   Reversed & remanded This opinion cites § 61.514 6 times: (1)(a), (1)(b), and the section generally

   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.

   …child custody provision of the UCCJEA, jurisdiction to determine initial custody matters is vested in the “home state” of the child. See § 61.514(1)(a), Fla. Stat. (2022); Arjona v. Torres, 941 So. 2d 451, 454 (Fla. 3d DCA 2006). “Home state” is statutorily defined as “the state in which a child lived with…

3. S.S. v. Department of Children & Families 851 So. 2d 306 · 4D02-4837 · 4th DCA 2003

   Certiorari / writ granted This opinion cites § 61.514 3 times: (1)(b), and the section generally

   · cited by 1 in all courts

   Prohibition granted because Florida lacked UCCJA subject matter jurisdiction over a child who never lived in Florida, absent a showing New York declined jurisdiction.

   …in which he asserts that Florida does not have subject matter jurisdiction over T.S., his child, under the Uniform Custody Jurisdiction Act, section 61.514, Florida Statutes (2002). Before the birth of T.S., his parents and their two other children lived in Florida, *307 but left the state in 1994 after child…

4. N.B. v. Dep't of Children of Families 274 So. 3d 1163 · 3D18-2525 · 3rd DCA 2019

   Affirmed This opinion cites § 61.514 2 times, the section generally

   Termination affirmed; Florida, the home state, properly exercised UCCJEA jurisdiction after California's emergency proceeding was transferred to Florida.

   …(citation omitted); see § 61.502, Fla. Stat. (2018). Pursuant to the initial child custody jurisdiction provision of the UCCJEA, codified in section 61.514, Florida Statutes (2018), the child's "home state" is unequivocally granted priority to exercise jurisdiction to determine initial custody matters, except in…

5. Baker v. Tunney 201 So. 3d 1235 · 5D15-4139 · 5th DCA 2016

   This opinion cites § 61.514 2 times: (1)(a), and the section generally

   · cited by 5 in all courts

   …under the criteria specified in paragraph (a), paragraph (b), or paragraph (c). 4 § 61.514(1)(a)-(d), Fla. Stat. (2015). As a preliminary matter, Mother argues that Father is not a “parent” under the UCCJEA because his paternity was never legally…

6. K.I. v. Department of Children & Families 70 So. 3d 749 · 4D11-298 · 4th DCA 2011

   Affirmed in part, reversed in part This opinion cites § 61.514 2 times: (1)(a), and the section generally

   · cited by 8 in all courts

   Virginia's emergency jurisdiction and the inconvenient-forum transfer were upheld under the UCCJEA, but remand required because the mother got no notice of the Virginia hearing.

   …child custody jurisdiction to decide child placement under the UCCJEA is “the home state of the child on the date of the commencement of the proceeding.” § 61.514(l)(a), Fla. Stat. (2010). However, the court of another state may exercise temporary jurisdiction in an emergency situation to protect a child even though the court…

7. Mcabee v. Mcabee 259 So. 3d 134 · 4D17-3450 · 4th DCA 2018

   This opinion cites § 61.514 1 time, the section generally

   · cited by 4 in all courts

   …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. . . . § 61.517(4), Fla. Stat. (emphasis added). “‘Child custody proceeding’ means a…

8. Haugabook v. Jeffcoat-Hultberg 219 So. 3d 65 · 4D16-2951 · 4th DCA 2016

   This opinion cites § 61.514 1 time, the section generally

   · cited by 4 in all courts

   …similar in both Florida and Georgia and provides that jurisdiction to determine custody matters is generally limited to the “home state” of the child, § 61.514, Fla. Stat. (2016); Ga. Code § 19-9-61 (2016), defined as “the state in which a child lived with a parent or a person acting as, a parent for at least 6…

9. Johnson v. Johnson 88 So. 3d 335 · 2D11-1102 · 2nd DCA 2012

   This opinion cites § 61.514 1 time, the section generally

   · cited by 3 in all courts

   …The trial court overruled counsel’s objection. II. Analysis We turn first to the “[ijnitial child custody jurisdiction” issue as outlined in section 61.514. We will undertake a separate analysis of the trial court’s dismissal of the colonel’s petition for dissolution of marriage. A. The UCCJEA Hearing To…

10. In re Amend. to the Fla. Family Law Forms 59 So. 3d 792 · SC08-2058 · Florida Supreme Court 2010

    This opinion cites § 61.514 1 time, the section generally

    …over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ___ A certified out-of-state custody decree has been presented to this Court with a request for full faith and credit…

11. In re Amendments to the Florida Supreme Court Approved Family Law Forms 173 So. 3d 19 · SC15-44 · Florida Supreme Court 2015

    Rule amendment This opinion cites § 61.514 1 time, the section generally

    · cited by 1 in all courts

    …over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____A certified out-of-state custody decree has been presented to this Court with a request for full faith and credit…

12. Amendments to Approved Family Law Forms 20 So. 3d 173 · SC08-2058-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 61.514 1 time, the section generally

    …over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b. ____ A certified out-of-state custody decree has been presented to this Court with a request for full faith and credit…

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