§ 61.520, Fla. Stat. · Part II. UNIFORM CHILD CUSTODYJURISDICTION AND ENFORCEMENT ACT
Inconvenient forum.
Text — 2026 Florida Statutes
(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.
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 a747d66afecd8715e552636578195d8243c51c68b20b4d7a15aff7811df4fc78
- 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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Cited by 4 provisions
Provisions in this library whose text cites § 61.520, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 61.514, Fla. Stat.Initial child custody jurisdiction.Printed as s. 61.520
- § 61.516, Fla. Stat.Jurisdiction to modify a determination.Printed as s. 61.520
- § 61.519, Fla. Stat.Simultaneous proceedings.Printed as s. 61.520
- § 61.521, Fla. Stat.Jurisdiction declined by reason of conduct.Printed as s. 61.520
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.