reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.514 - Initial child custody jurisdiction.

61.514 Initial child custody jurisdiction.—
(1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if:
(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(b) A court of another state does not have jurisdiction under paragraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the grounds that this state is the more appropriate forum under s. 61.520 or s. 61.521, and:
1. The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
2. Substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships;
(c) All courts having jurisdiction under paragraph (a) or paragraph (b) have declined to exercise jurisdiction on the grounds that a court of this state is the more appropriate forum to determine the custody of the child under s. 61.520 or s. 61.521; or
(d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c).
(2) Subsection (1) is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.515 - Exclusive, continuing jurisdiction.

61.515 Exclusive, continuing jurisdiction.—
(1) Except as otherwise provided in s. 61.517, a court of this state which has made a child custody determination consistent with s. 61.514 or s. 61.516 has exclusive, continuing jurisdiction over the determination until:
(a) A court of this state determines that the child, the child’s parents, and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(b) A court of this state or a court of another state determines that the child, the child’s parent, and any person acting as a parent do not presently reside in this state.
(2) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under s. 61.514.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.516 - Jurisdiction to modify a determination.

61.516 Jurisdiction to modify a determination.—Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b) and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under s. 61.515 or that a court of this state would be a more convenient forum under s. 61.520; or
(2) A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.517 - Temporary emergency jurisdiction.

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.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.518 - Notice; opportunity to be heard; joinder.

61.518 Notice; opportunity to be heard; joinder.—
(1) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of s. 61.509 must be given to all persons entitled to notice under the laws of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person acting as a parent.
(2) This part does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this part are governed by the laws of this state as in child custody proceedings between residents of this state.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.519 - Simultaneous proceedings.

61.519 Simultaneous proceedings.—
(1) Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child had been commenced in a court of another state having jurisdiction substantially in conformity with this part, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 61.520.
(2) Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to s. 61.522. If the court determines that a child custody proceeding was previously commenced in a court in another state having jurisdiction substantially in accordance with this part, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it considers appropriate.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.520 - Inconvenient forum.

61.520 Inconvenient forum.—
(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court’s own motion, or request of another court.
(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this part if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.521 - Jurisdiction declined by reason of conduct.

61.521 Jurisdiction declined by reason of conduct.—
(1) Except as otherwise provided in s. 61.517 or by other law of this state, if a court of this state has jurisdiction under this part because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction under ss. 61.514-61.516 determines that this state is a more appropriate forum under s. 61.520; or
(c) No court of any other state would have jurisdiction under the criteria specified in ss. 61.514-61.516.
(2) If a court of this state declines to exercise its jurisdiction under subsection (1), it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under ss. 61.514-61.516.
(3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (1), it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this part.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.522 - Information to be submitted to the court.

61.522 Information to be submitted to the court.—
(1) Subject to Florida law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child custody determination, if any;
(b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
(2) If the information required by subsection (1) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in paragraphs (1)(a)-(c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(4) Each party has a continuing duty to inform the court of any proceeding in this or any other state which could affect the current proceeding.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.523 - Appearance of parties and child.

61.523 Appearance of parties and child.—
(1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
(2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to s. 61.509 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
(4) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) or desires to appear in person before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.524 - Definitions.

61.524 Definitions.—As used in ss. 61.524-61.540, the term:
(1) “Petitioner” means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(2) “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.525 - Enforcement under the Hague Convention.

61.525 Enforcement under the Hague Convention.—Under this part, a court of this state may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.526 - Duty to enforce.

61.526 Duty to enforce.—
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this part or the determination was made under factual circumstances meeting the jurisdictional standards of this part and the determination has not been modified in accordance with this part.
(2) A court of this state may use any remedy available under other laws of this state to enforce a child custody determination made by a court of another state. The remedies provided by ss. 61.524-61.540 are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.527 - Temporary visitation.

61.527 Temporary visitation.—
(1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(a) A visitation schedule made by a court of another state; or
(b) The visitation provisions of a child custody determination of another state which does not provide for a specific visitation schedule.
(2) If a court of this state makes an order under paragraph (1)(b), it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in ss. 61.514-61.523. The order remains in effect until an order is obtained from the other court or the period expires.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.529 - Enforcement of registered determination.

61.529 Enforcement of registered determination.—
(1) A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination made by a court of another state.
(2) A court of this state shall recognize and enforce but may not modify, except in accordance with ss. 61.514-61.523, a registered child custody determination of another state.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.530 - Simultaneous proceedings.

61.530 Simultaneous proceedings.—If a proceeding for enforcement under ss. 61.524-61.540 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ss. 61.514-61.523, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.532 - Service of petition and order.

61.532 Service of petition and order.—Except as otherwise provided in s. 61.534, the petition and order must be served by any method authorized by the laws of this state upon the respondent and any person who has physical custody of the child.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.533 - Hearing and order.

61.533 Hearing and order.—
(1) Unless the court enters a temporary emergency order under s. 61.517, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(a) The child custody determination has not been registered and confirmed under s. 61.528 and that:
1. The issuing court did not have jurisdiction under ss. 61.514-61.523;
2. The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523; or
3. The respondent was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under s. 61.528, but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under ss. 61.514-61.523.
(2) The court shall award the fees, costs, and expenses authorized under s. 61.535 and may grant additional relief, including a request for the assistance of law enforcement officers, and set a further hearing to determine whether additional relief is appropriate.
(3) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under ss. 61.524-61.540.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.534 - Warrant to take physical custody of child.

61.534 Warrant to take physical custody of child.—
(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is likely to imminently suffer serious physical harm or removal from this state. Serious physical harm includes, but is not limited to, being subjected to sex-reassignment prescriptions or procedures as defined in s. 456.001.
(2) If the court, upon the testimony of the petitioner or other witness, finds that the child is likely to imminently suffer serious physical harm or removal from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by s. 61.531(2).
(3) A warrant to take physical custody of a child must:
(a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the child immediately; and
(c) Provide for the placement of the child pending final relief.
(4) The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child’s custodian.
History.—s. 5, ch. 2002-65; s. 2, ch. 2023-90.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.535 - Costs, fees, and expenses.

61.535 Costs, fees, and expenses.—
(1) So long as the court has personal jurisdiction over the party against whom the expenses are being assessed, the court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney’s fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this part.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.536 - Recognition and enforcement.

61.536 Recognition and enforcement.—A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 61.514-61.523.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.537 - Appeals.

61.537 Appeals.—An appeal may be taken from a final order in a proceeding under ss. 61.524-61.540 in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under s. 61.517, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.538 - Role of state attorney.

61.538 Role of state attorney.—
(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child custody proceeding;
(c) A reasonable belief that a criminal statute has been violated; or
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2) A state attorney acting under this section acts on behalf of the court and may not represent any party.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.539 - Role of law enforcement officers.

61.539 Role of law enforcement officers.—At the request of a state attorney acting under s. 61.538, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a state attorney with responsibilities under s. 61.538.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.540 - Costs and expenses.

61.540 Costs and expenses.—The court may assess against the nonprevailing party all direct expenses and costs incurred by the state attorney and law enforcement officers under s. 61.538 or s. 61.539 so long as the court has personal jurisdiction over the nonprevailing party.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.541 - Application and construction.

61.541 Application and construction.—In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542) › 61.542 - Transitional provision.

61.542 Transitional provision.—A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the effective date of this part is governed by the law in effect at the time the motion or other request was made.
History.—s. 5, ch. 2002-65.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part III - Collaborative Law Process Act (Ss. 61.55-61.58) › 61.55 - Purpose.

61.55 Purpose.—The purpose of this part is to create a uniform system of practice for the collaborative law process in this state. It is the policy of this state to encourage the peaceful resolution of disputes and the early resolution of pending litigation through a voluntary settlement process. The collaborative law process is a unique nonadversarial process that preserves a working relationship between the parties and reduces the emotional and financial toll of litigation.
History.—s. 4, ch. 2016-93.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.705 - Remedies for noncompliance.

61.705 Remedies for noncompliance.—In addition to other remedies authorized by general law, if a court finds that a party to a proceeding acts in bad faith or intentionally fails to comply with this part or a court order issued under this part, the court may assess any remedies under this chapter against the party, and order other appropriate relief under general law.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.707 - Jurisdiction.

61.707 Jurisdiction.—
(1) A court may issue an order regarding custodial responsibility only if the court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
(2) For purposes of the Uniform Child Custody Jurisdiction and Enforcement Act, the residence of the deploying parent does not change by reason of the deployment if:
(a) A court has issued a temporary order regarding custodial responsibility.
(b) A court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement.
(c) A court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment.
(3) This section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.709 - Notice requirement for deploying parent.

61.709 Notice requirement for deploying parent.—
(1) Except as otherwise provided in subsection (3), and subject to subsection (2), a deploying parent shall notify in a record to the other parent:
(a) A pending deployment not later than 7 days after receiving notice of deployment unless he or she is reasonably prevented from doing so by the circumstances of service, in which case the deploying parent shall provide notice as soon as reasonably possible.
(b) A proposed plan fulfilling each parent’s share of custodial responsibility during deployment provided as soon as reasonably possible after notice of deployment is given under paragraph (a).
(2) If a court order prohibits disclosure of the address or contact information of the other parent, notice pursuant to subsection (1) must be provided to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notice to the other parent. The court shall keep confidential the address or contact information of the other parent.
(3) Notice pursuant to subsection (1) is not required if both parents are living in the same residence and have actual notice of the deployment or plan.
(4) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent’s efforts to comply with this section.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.711 - Duty to notify of change of address.

61.711 Duty to notify of change of address.—
(1) Except as otherwise provided in subsection (2), an individual granted custodial responsibility during deployment must notify the deploying parent and any other individual with custodial responsibility of a child of any change of mailing address or residence until the grant is terminated. The individual must provide the notice to any court that has issued a custody or child support order concerning the child.
(2) If a court order prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, notice pursuant to subsection (1) must be provided to the issuing court. The court shall keep confidential the mailing address or residence of the individual granted custodial responsibility.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.713 - General consideration in custody proceeding of parent’s service.

61.713 General consideration in custody proceeding of parent’s service.—In a proceeding for custodial responsibility of a child of a servicemember, a court may not consider a parent’s past deployment or possible future deployment in determining the best interest of the child.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.721 - Form of temporary custodial responsibility agreement.

61.721 Form of temporary custodial responsibility agreement.—
(1) The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
(2) The agreement must be in writing and signed by both parents and any agreed-upon nonparent granted custodial responsibility during deployment.
(3) Subject to subsection (4), the agreement, if feasible, must:
(a) To the extent permissible, identify the destination, duration, and conditions of the deployment that is the basis for the agreement.
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent, and any agreed-upon nonparent.
(c) Specify any decisionmaking authority that accompanies a grant of caretaking authority.
(d) Specify any grant of limited contact to an agreed-upon nonparent.
(e) Provide a process to resolve any dispute that may arise if custodial responsibility is shared by the other parent and an agreed-upon nonparent, or by other agreed-upon nonparents.
(f) Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent or agreed-upon nonparent in facilitating the contact, and the allocation of any costs of contact.
(g) Specify contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available.
(h) Acknowledge that the agreement does not modify any existing child support obligation and that changing the terms of the obligation during deployment requires modification in the appropriate court.
(i) Provide that the agreement will terminate according to the procedures under this part after the deploying parent returns from deployment or as otherwise agreed upon in writing or in a record by the deploying parent and the other parent.
(j) Specify which parent is required to file the agreement if the agreement must be filed with the court pursuant to s. 61.729.
(4) The omission of any item in subsection (3) does not invalidate the agreement.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.723 - Nature of authority created by temporary custodial responsibility agreement.

61.723 Nature of authority created by temporary custodial responsibility agreement.—
(1) An agreement granting custodial responsibility during deployment is temporary and terminates after the deploying parent returns from deployment unless the agreement has been terminated in a record or by a written agreement signed by both the deploying parent and the other parent, or, in the absence of such a record or agreement, by court order or under s. 61.761, or modified under s. 61.725. The agreement does not in any way create an independent, continuing right to caretaking authority, decisionmaking authority, or limited contact for an individual granted custodial responsibility.
(2) An agreed-upon nonparent granted temporary custodial responsibility or limited contact by agreement has standing only to enforce the agreement until it is terminated in a record or by a written agreement signed by both the deploying parent and the other parent, or, in the absence of such a record or agreement, by court order or under s. 61.761, or modified under s. 61.725.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.725 - Modification of agreement.

61.725 Modification of agreement.—
(1) The parents of a child may modify an agreement granting temporary custodial responsibility by mutual consent and without the consent of any nonparent.
(2) If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and, if applicable, any agreed-upon nonparent granted temporary custodial responsibility under the modified agreement.
(3) If an agreement is modified during deployment of a deploying parent, the modification must be agreed to in a record by both parents and, if applicable, any agreed-upon nonparent granted temporary custodial responsibility under the modified agreement.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.727 - Power of attorney.

61.727 Power of attorney.—A deploying parent may, by power of attorney, grant all or part of custodial responsibility to an adult nonparent for the period of deployment if no other parent possesses custodial responsibility, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power of attorney.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.729 - Filing custodial responsibility agreement or power of attorney with court.

61.729 Filing custodial responsibility agreement or power of attorney with court.—An agreement or power of attorney must be filed within a reasonable time with a court that has entered an order in effect relating to custodial responsibility or child support concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning custodial responsibility or child support must be provided to the court with the agreement or power.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.733 - Proceeding for temporary custody order.

61.733 Proceeding for temporary custody order.—
(1) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et seq. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
(2)(a) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under s. 61.707 or, if a pending proceeding does not exist in a court with jurisdiction under s. 61.707, the motion must be filed in a new action for granting custodial responsibility during deployment.
(b) If a motion to grant custodial responsibility is filed under paragraph (a) before a deploying parent deploys, the court shall conduct an expedited hearing.
History.—s. 1, ch. 2018-69.
2023 Florida Statutes › Title VI - Civil Practice and Procedure › Chapter 61 - Dissolution of Marriage; Support; Time-Sharing › Part IV - Uniform Deployed Parents Custody and Visitation Act (Ss. 61.703-61.773) › 61.735 - Testimony by electronic means.

61.735 Testimony by electronic means.—In a proceeding for a temporary custody order, a deploying parent or servicemember witness who is not reasonably able to appear in person may appear, provide testimony, and present evidence by telephonic, electronic, or web-based means. The deploying parent or servicemember witness must be sworn in by an officer authorized to administer oaths under federal law.
History.—s. 1, ch. 2018-69.