§ 61.514, Fla. Stat. · Part II. UNIFORM CHILD CUSTODYJURISDICTION AND ENFORCEMENT ACT
Initial child custody jurisdiction.
Text — 2026 Florida Statutes
(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.
Notes and commentary — not statutory text
History
s. 5, ch. 2002-65.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
- Text hash
- sha256 9fcb1400083909b37e61770139c812f1787e24b959a1f18c0b75f2f322a7dd37
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 12 provisions
Provisions in this library whose text cites § 61.514, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 61.515, Fla. Stat.Exclusive, continuing jurisdiction.Printed as s. 61.514
- § 61.516, Fla. Stat.Jurisdiction to modify a determination.Printed as s. 61.514(1)(a)
- § 61.517, Fla. Stat.Temporary emergency jurisdiction.Printed as ss. 61.514-61.516
- § 61.519, Fla. Stat.Simultaneous proceedings.Printed as ss. 61.514-61.524
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.