Florida/Georgia Personal Injury & Workers Compensation

...[5] We note that if custody would have been disputed by the parties in the present case, thus invoking the UCCJEA, the trial court would have been correct in dismissing Sanchez's petition. Where Florida was never the home state of the minor child, Florida can have jurisdiction only if, under section 61.514(1)(b), no other state is the home state of the child, or if another state is, it has declined to exercise jurisdiction because this state is the more appropriate forum....

...The UCCJEA is, therefore, a jurisdictional act which controls custody disputes. It does not deal with priority of dissolution actions. A foreign country is treated as if it were a state of the United States for purposes of this act. § 61.506, Fla. Stat (2005). Section 61.514, Florida Statutes (2005), of the UCCJEA, unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the "home state" of the child, and section 61.503(7) defines "home state," in pertinent part, 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 the commencement of a child custody proceeding." Section 61.514, Florida Statutes (2005), provides as follows: Initial child custody jurisdiction.— (1) Except as otherwise provided in s....

...ave assumed jurisdiction if it was in the child's best interest due to the child's and one parent's significant connection with Florida. See § 61.1308, Fla. Stat. (2001). The UCCJEA, however, gives jurisdictional priority to the child's home state. Section 61.514 of the UCCJEA provides that, except under limited exceptions, Florida has jurisdiction to make an initial child custody determination only if Florida is the child's home state....

...The UCCJEA grants an exception to the home state jurisdictional requirement when "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," due, in part, to the "significant connections" that the child and one parent has with Florida. § 61.514(1)(b), Fla....

...Arjona filed her petition for dissolution of marriage in the circuit court in 2005, Florida, not Mexico, was the children's home state. As Florida is the children's home state, we conclude that the circuit court has exclusive jurisdiction to determine child custody issues. See § 61.514(1)(a), Fla....

...that section 61.519 applies. Section 61.519, Florida Statutes (2005), provides, in pertinent part, as follows: 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 proceed...

...Arjona's dissolution action filed in Miami specifically includes resolution of child custody issues; and (3) that because Florida is the children's "home state" Mexico by definition cannot exercise jurisdiction because to do so would not be in substantial conformity with section 61.514....

...We conclude that because Florida is the "home state" of the children and Florida has not declined to exercise jurisdiction over the custody issues of the children, the proceedings in Mexico were not commenced substantially in conformity with the jurisdictional requirements of section 61.514....

...he child, is subjected to or threatened with mistreatment or abuse." § 61.517(1), Fla. Stat. (2005); N.D. Cent.Code § 14-14.1-15. Section 61.517(4) further provides, in pertinent part: A court of this state which is exercising jurisdiction under §§ 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 co...

...iction, or that a court of another state would be a more convenient forum; or (2) a court determines that the child, the child's parents, and any person acting as a parent no longer reside in the state that issued the initial custody determination); § 61.514, Fla....

...See § 61.516, Fla. Stat. (2005) (providing that a Florida court has jurisdiction to "modify a child custody determination made by a court of another state" if factors that would have given a Florida court jurisdiction to make an initial determination (under section 61.514(1)(a) or (b)) are present, and the Florida court [1] "determines that the child [and] the child's parents . . . do not presently reside in the other state"); § 61.514(1)(a), Fla....

...of applying the provisions of the UCCJEA. § 61.506(1), Fla. Stat. (2003). A Florida court has jurisdiction to make an initial child custody determination if Florida "is the home state of the child on the date of the commencement of the proceeding." § 61.514(1)(a), Fla....

...The UCCJEA gives jurisdictional priority to the child's home state. Arjona, 941 So.2d at 455. However, the UCCJEA grants an exception to the home state jurisdictional *785 requirement when "[a] court of another state does not have jurisdiction...." § 61.514(1)(b), Fla....

...in November 2003. § 61.503(7), Fla. Stat. (2003). However, no other state had jurisdiction since the mother and the child had lived in several states in the six months prior to their arrival in Florida and the commencement of the paternity action. § 61.514(1)(a)-(b), Fla. Stat. (2003). As a result, because no court of any other state would have had jurisdiction under section 61.514, the Florida trial court had jurisdiction to make an initial custody determination....

...ion Act, sections 61.1302 to 61.1348, Florida Statutes, which had included that section. The UCCJEA became effective on October 1, 2002. See ch. 2002-65, Laws of Fla. As this paternity action was commenced in November 2003, the applicable statute is section 61.514, Florida Statutes....

...child. The grandparents appeal both the October 9, 2006, and the November 9, 2006, orders, claiming 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)....

..."A trial court's lack of subject matter jurisdiction makes its judgments void. . . ." Strommen, 927 So.2d at 179. Subject matter jurisdiction over child custody matters is governed by the UCCJEA. "The UCCJEA is . . . a jurisdictional act which controls custody disputes." Arjona, 941 So.2d at 454 (emphasis omitted). Section 61.514, titled "Initial child custody jurisdiction," provides in relevant part: (1) Except as otherwise provided in s....

...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 consecutive months. Rather, Alabama had jurisdiction to make the initial custody determination pursuant to section 61.514(1)(a) because even though the child was absent from Alabama when the petition for dependency was filed, Alabama had been the home state of the child within six months before the filing of the petition and the mother continued to live in Alabama. See § 61.514(1)(a). [1] Because the Florida circuit court did not have jurisdiction to make an initial custody determination under section 61.514, the orders on appeal are void....

...3d DCA 1995) (holding that portion of final judgment of dissolution of marriage awarding visitation rights with the child to the husband was void because the trial court did not have subject matter jurisdiction). The mother argues that even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517, which provides for the exercise of temporary emergency jurisdiction....

...or threatened with mistreatment or abuse. (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....

...We agree that the Florida circuit court had temporary jurisdiction to enter the December 2004 order effectively awarding temporary custody to the grandparents under section 61.517. However, that provision did not confer to the Florida circuit court jurisdiction to make an initial custody determination under section 61.514. Any temporary child custody determinations made in this case under section 61.517 remained in effect until the October 27, 2006, order of temporary custody was obtained from the circuit court in Alabama, the state having proper jurisdiction under section 61.514....

...Under the Uniform Child Custody Jurisdiction and Enforcement Act, sections 61.501 through 61.542, Florida Statutes (2008), a trial court has jurisdiction, under certain specified conditions, to make a child custody determination without also having personal jurisdiction over a party. See § 61.514(3), Fla....

...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 the 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....

...North Carolina has not determined that it no longer has jurisdiction, and accordingly section 61.516(1) does not apply. And, because the mother resides in North Carolina, section 61.516(2) is not applicable. Although section 61.516 also authorizes modification if Florida has initial jurisdiction under section 61.514(1)(a) or (b), they are not applicable either. They provide: 61.514 Initial child custody jurisdiction.— (1) Except as otherwise provided in s....

...ast resided together in Pinellas County and their marital residence is located in Pinellas County. She also argues that the court lacked jurisdiction to make a child custody determination because Florida was not the child's home state, as defined in section 61.514, Florida Statutes (2007)....

...a is the child's home state on the date of the commencement of the custody proceeding or was the child's home state within six months before commencement of the proceeding and a parent or person acting as a parent continues to live in the state. See § 61.514, Fla....

...(2008) (providing that "[t]he court may from time to time, after considering the financial resources of the parties, order a party to pay a reasonable amount for attorney's fees, suit money and the cost to the other party of maintaining or defending any proceeding under this chapter"); § 61.514, Fla....

...ustody issues. However, it is clear that Florida was the home state of the parties' child, that the child had resided in Florida a majority of the time, and that the child had lived here for six months immediately before this action was brought. See § 61.514(1)(a), Fla....

...for purposes of applying sections 61.501-.523 of the UCCJEA. § 61.506(1). A Florida court has jurisdiction to make an initial child custody determination if Florida "is the home state of the child on the date of the commencement of the proceeding," § 61.514(1)(a)....

...3d DCA 2006) (emphasis omitted). Under the UCCJEA, jurisdictional priority lies in the child's home state. See Arjona, 941 So.2d at 455. Although it appears that Florida is the children's "home state," section 61.519, prohibits Florida from exercising its jurisdiction under section 61.514 if a proceeding concerning the custody of a child has already commenced in another state having jurisdiction in substantial conformity with section 61.514. Section 61.519, titled "Simultaneous proceedings," provides in relevant part: (1) [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 *91 conformity with this part, unless the pro...

...corrected on postjudgment appeal. Accordingly, we grant the petition for writ of certiorari and quash the order under review. Petition granted; order quashed. NOTES [1] The Husband closed this establishment after filing his petition for divorce. [2] Section 61.514 provides: (1) Except as otherwise provided in s....

...The standard of review for a trial court's interpretation of the UCCJEA is de novo. Arjona v. Torres, 941 So.2d 451 (Fla. 3d DCA 2006); Kephart v. Hadi, 932 So.2d 1086 (Fla.2006) (statutory interpretation is reviewed de novo ). However, at issue in this appeal is the trial court's application of section 61.514 to the facts presented in the pleadings and supporting documents on the record, not an interpretation of any ambiguous language in the statute....

...e mother in Florida nor did the father's affidavit assert that the child had lived with him in another state for six consecutive months prior to the initial filing. This record supports the trial court's exercise of jurisdiction pursuant to sections 61.514(1)(a), 61.514(1)(b), and 61.503(7), Florida Statutes....

...The trial court had jurisdiction over the matters ruled upon and none of the other issues raised by the appellant require reversal. Accordingly, the final order on appeal is AFFIRMED. BENTON, C.J., and PADOVANO, J., concur. NOTES [1] The UCCJEA defines a Florida court's jurisdiction over child custody determinations thusly: 61.514 Initial child custody jurisdiction.— (1) Except as otherwise provided in s....

...me state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent ... continues to live in this state; (b) A court of another state does not have jurisdiction under paragraph (a) ... § 61.514(1), Fla....

...es in matters of child custody...." § 61.502(1), Fla. Stat. (2010). The court that has initial 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(1)(a), Fla....

...based on its factual findings. Affirmed in part; Reversed in part and Remanded. CIKLIN and LEVINE, JJ., concur. NOTES [1] Section 61.517(4), Florida Statutes provides, in pertinent part: 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 co...

...The Petitioner did not file his action in Sarasota County, Florida, until December 10, 2010. Florida was not the “home state” of the child “... for at least six (6) consecutive months immediately before the commencement of a child custody proceeding,” as required by F.S. 61.503(7). 3. F.S. 61.514(l)(a) is also applicable....

...The UCCJEA is a jurisdictional act that governs subject matter jurisdiction over child custody matters. Id.; see also § 61.502 (stating the general purposes of the UC-CJEA). Section 61.503(4) defines a “child custody proceeding” as “a proceeding in which ... visitation with respect to a child is an issue.” Section 61.514 “unequivocally limits jurisdiction to determine initial custody matters (except for temporary emergency matters) to the ‘home state’ of the child.” Arjona v....

...3d DCA 2006). “Home state” is defined in section 61.503(7) as “the state in which a child 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.” Section 61.514(1) states as follows: (1) Except as otherwise provided in s....

...ing of the petition and because the mother had only lived in North Carolina for a period of three months prior to the filing of the petition, North Carolina could not qualify as the home state. We agree. The language in the jurisdiction provision of section 61.514(l)(a), which provides for jurisdiction at any time during the six months that precede the filing of the petition, and the definition of home state, which requires the six consecutive months to immediately precede the filing, seem to conflict....

...der meaningless the provision allowing for the assertion of jurisdiction if the state qualified as the child’s home at any time within the six months preceding the filing of the custody proceeding. Id. Therefore, the home state determination under section 61.514(l)(a) allows for Florida to exercise jurisdiction if, at any time within the six months preceding the filing of the petition, Florida qualified as the home state....

...In the mother’s letter, she stated that she does not have the money to travel to Florida or to hire an attorney to represent her in Florida. And although the trial court appears to touch upon this issue in the third paragraph of its order, the court references section 61.514(l)(a) in this paragraph and not section 61.520, the inconvenient forum section....

...issouri case had not been resolved, the Florida trial court lacked jurisdiction. The motion to dismiss was denied. Analysis The Florida circuit courts are vested with subject matter jurisdiction to hear child custody matters when the requirements of section 61.514, Florida Statutes (2011), are present. Under section 61.514(l)(a), a circuit court has jurisdiction if this state is the child’s home state. Under section 61.516, a court of this state has jurisdiction to modify another state’s determination if 1) the court would have jurisdiction to make an initial determination under section 61.514; and 2) the court of the other state no longer has jurisdiction, or a court of this state determines that the child, the child’s parents, and any person acting as a parent do not reside in the other state....

...However, the issue is whether the circuit court should have exercised that jurisdiction. Section 61.519(1), Florida Statutes (2011), provides: 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 proceed...

...below based on the following: [all that apply] a. ____ This Court exercised and continues to exercise original jurisdiction over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes....

...Jurisdiction of a Florida, CouH to Make an Initial Custody Determination under the UCCJEA A trial court’s subject matter jurisdiction to make an initial custody determination is governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). See § 61.514(2), Fla....

...f 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). § 61.514(1), Fla....

...The UCCJEA further provides that a court of this state “shall” decline to exercise jurisdiction if that jurisdiction is the product of “unjustifiable conduct” on the part of the party seeking to invoke jurisdiction. See § 61.521(1), Fla. Stat. Home State Analysis We begin our analysis with section 61.514(l)(a), Florida Statutes, which provides that Florida is the children’s “home state” if Florida was the children’s “home state” on the date of the commencement of the custody proceedings or if Florida was the children’s �...

...as the child’s home state at any time during the six months preceding the filing of the custody proceedings was intended to enlarge, not narrow, the assertion of “home state” jurisdiction). We believe this reasoning is sound and thus hold that section 61.514(l)(a) permits the exercise of home state jurisdiction if, at any time during the six months preceding the filing of the custody proceeding, Florida qualified as the child’s home state....

...see section 61.516, Florida Statutes; section 36-6-216, Tennessee Code Annotated, and that Tennessee had become the child's home state because of the child's residence there for more than six months preceding the commencement of the proceeding. See § 61.514, Fla....

...on of custody petition has been filed, under circumstances in which a custody proceeding in another state is then in progress, provides: Except as otherwise provided in s. 61.517,[ [2] ] 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 proceed...

...Brady of Brady & Brady, P.A., Boca Raton, and Irene Annunziata, Fort Lauderdale, for petitioner. H.T. Maloney of Patterson & Maloney, Fort Lauderdale, for respondent. PER CURIAM. We grant the petition for writ of prohibition. Under the provisions of section 61.514, Florida Statutes (2004), the circuit court was without jurisdiction to take this case....

...Zambito, 773 So.2d 581, 582 (Fla. 4th DCA 2000). The child has resided in Texas for over three years with petitioner, a "person acting as a parent" within the meaning of section 61.503(13), Florida Statutes (2004), so there is no jurisdiction under section 61.514(1)(a)....

...tion with this state other than mere physical presence" and, given the child's long term residence in Texas, there appears to be no evidence available in Broward County "concerning the child's care, protection, training, and personal relationships." § 61.514(1)(b), (c)....

...e father in Texas and has not maintained any significant contacts with Florida. The circuit court's determination that Florida is the child's home state was made after a general discussion of public policy, not with reference to statutory authority. Section 61.514(1) is "the exclusive jurisdictional basis for making a child custody determination by a court of this state." § 61.514(2); see also Mainster v....

...As this involves the issue of subject-matter jurisdiction, it may be raised for the first time on appeal. MCR Funding v. CMG Funding Corp., 771 So.2d 32, 35 (Fla. 4th DCA 2000) (citations omitted). It was not raised in the trial court. However, even if the trial court did have jurisdiction pursuant to section 61.514, Florida Statutes, it is apparent that the court dismissed the action on the grounds that Florida was an inconvenient forum....

...a is the child’s home state on the date of the commencement of the custody proceeding or was the child’s home state within six months before commencement of the proceeding and a parent or person acting as a parent continues to live in the state. § 61.514(l)(a), Fla....

...The statute 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 the commencement of a child custody proceeding.” § 61.503(7), Fla. Stat. (2011). This court has concluded that “section 61.514(l)(a) permits the exercise of home state jurisdiction if, at any time during the six months preceding the filing of the custody proceeding, Florida qualified as the child’s home state.” Sarpel v....

...with the UCCJEA and was not a hearing on Mrs. Johnson’s motion to dismiss Col. Johnson’s petition. 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....

...3d DCA 2009) (granting petition for certiorari and quashing order). The UCCJEA controls inter-state custody disputes. The UCCJEA is substantially 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....

...The mother also filed a Uniform Child Custody Jurisdiction Act (UCCJA) affidavit, stating that there had been no litigation or custody proceedings in any state and that the child was not subject to any existing child support order in any state. Father argues that, under the UCCJA, section 61.514, Florida Statutes, prior to exercising jurisdiction over an initial child custody proceeding, the Florida court had to first determine that it had jurisdiction and, since the child had lived for over six months in Georgia, that Georgia was the appropriate forum for any custody proceeding....

...he custody proceeding or was the child’s home state within six months before commencement of the proceeding and a parent or person acting as a parent continues to live in the state.” Lande v. Lande, 2 So.3d 378, 381 (Fla. 4th DCA 2008); see also § 61.514(l)(a), Fla....

...f the child . . . ; or (d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), paragraph (b), or paragraph (c). 4 § 61.514(1)(a)-(d), Fla....

...New York’s assumption of home state jurisdiction were improper. We reverse and remand to the circuit court to consider Father’s child custody pleadings on the merits. Unless Florida relinquishes its jurisdiction to New York, Florida remains the child’s home state. See §§ 61.514, 61.520, Fla....

...child was not subject to the jurisdiction of the Florida courts"). -5- Ms. Scudder, there was no evidence that could have established a Florida residency for the parties or their children under sections 61.021, 61.503(4), and 61.514....

...g or was the child's home state within six months before commencement of the proceeding and a parent or person acting as a parent continues to live in the state.' " (first quoting Lande v. Lande, 2 So. 3d 378, 381 (Fla. 4th DCA 2008); then citing § 61.514(1)(a), Fla....

...o children pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), sections 61.501 through 61.542, Florida Statutes. The UCCJEA does not require personal jurisdiction over a party to make a child custody determination. See § 61.514(3), Fla....

...It was undisputed that the child had lived with her parents in North Carolina and then, after their separation, with her mother in Wisconsin, during the six months before the former husband commenced the dissolution proceeding in Duval County, where he is a legal resident. Accordingly, under section 61.514, Florida Statutes (2008), of the Uniform Child Custody Jurisdiction and Enforcement Act, Florida was not the child's home state and the circuit court did not have jurisdiction to make an initial child custody determination....

...Florida. Under section 61.515, Florida Statutes, the Florida court lost exclusive jurisdiction. Once the court lost exclusive jurisdiction, it could not modify a child custody decree unless it had jurisdiction to make an initial determination under section 61.514. See § 61.515(2), Fla. Stat. Florida *744 cannot exercise jurisdiction under any of the provisions of section 61.514....

...n for a pick-up order on the same day. Within the form order, the trial court checked the box stating: “This Court exercised and continues to exercise original jurisdiction over the minor children listed below under the [UCCJEA]. . . specifically, section 61.514, Florida Statutes.”1 The father filed a response and opposition to the mother’s petition to domesticate the NY Order, citing sections 61.514 and 61.519, Florida Statutes (2013), and arguing that the trial court did not have jurisdiction because, among other reasons, the child had not lived in Florida for the six months prior to the filing of the mother’s petition, and also because a court in Arizona had begun proceedings over the issue....

...the trial court, the petitions filed by the mother did not constitute “child custody proceedings.” This means that the “home state” rule did not apply to the mother’s petitions either. Perhaps the trial court may have incorrectly applied the “home state” rule based on section 61.514, Florida Statutes (2013), since the father’s opposition to the mother’s petition relied in large part on this section of the UCCJEA....

...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. § 61.514, Fla....

...Simultaneous Proceedings in Arizona Section 61.519, Florida Statutes (2013), which governs the trial court’s jurisdiction in simultaneous proceedings, states: 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...

...ve subject-matter jurisdiction based, at least in part, upon the simultaneous proceedings statute. In doing so, the trial court misapplied the statute. Since section 61.519 expressly states that the court may not exercise jurisdiction under sections 61.514-61.524, the simultaneous proceedings statute did not bar the trial court’s jurisdiction to entertain the mother’s petition to domesticate under section 61.526 or the notice she filed under section 61.528. Proper Statutory Application...

to pick-up minor child, entered pursuant to section 61.514, Florida Statutes (2024). The parties originally

...ased on the following: [Choose all that apply] a. ____ This Court exercised and continues to exercise original jurisdiction over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes....

-2- Section 61.514(1)(a), Florida Statutes (2017), provides that

...understood as guiding a court’s exercise of existing jurisdiction. See, e.g., In re E.D., 812 N.W.2d 712 (Iowa 2012). 4 740, 742 n.1 (Fla. 5th DCA 2006). 2 Pursuant to the initial child custody provision of the UCCJEA, as set forth in section 61.514, Florida Statutes, jurisdiction to determine initial custody matters is vested in the “home state” of the child....

...temporary absence of [a parent or person acting as a parent] is part of the period.” Id.; N.J. Stat. Ann. § 2A:34-54 (West). Moreover, “[t]he state with home state jurisdiction over the child has [jurisdictional] priority under the UCCJEA.” Baker v. Tunney, 201 So. 3d 1235, 1237 (Fla. 5th DCA 2016); see also § 61.514, Fla....

...onvenient forum under s. 61.520.”); see also N.J. Stat. Ann. § 2A:34-70 (West). Under these circumstances, we conclude Florida retained “jurisdictional priority,” and the trial court’s exercise of jurisdiction was proper. See § 61.514(1)(a), Fla. Stat.; M.A.C. v. M.D.H., 88 So. 3d 1050, 1054 (Fla. 2d DCA 2012) (“[T]he home state determination under section 61.514(1)(a) allows for Florida to exercise jurisdiction if, at any time within the six months preceding the filing of the petition, Florida qualified as the home state.”); Karam v....

...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....

...reside in the other state. The facts of this case satisfy all of section 61.516's jurisdictional requirements. Section 61.516's first requirement for jurisdiction is that "a court of this state has jurisdiction to make an initial determination under s. 61.514(1)(a) or (b)." [5] Because the record clearly establishes that both parties and their child lived in Florida for at least six months prior to the commencement of the Florida proceedings, Florida was the child's home state at the time the Florida proceedings commenced. See § 61.503(7). Therefore, section 61.514(1)(a) is satisfied....

...other."'") (quoting Woodham v. Blue Cross & Blue Shield of Fla., Inc., 829 So.2d 891, 898 (Fla.2002)). 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 proceed...

...[5] The First District interpreted this phrase to mean that "a Florida court has jurisdiction to `modify a child custody determination made by a court of another state' if factors that would have given a Florida court jurisdiction to make an initial determination (under section 61.514(1)(a) or (b)) are present." Ogilvie v....

...Appellant correctly asserts that the Florida court erred in ceding jurisdiction to the Illinois court by concluding that Illinois was the child’s home state.1 Under the UCCJEA,2 the determination of a child’s home state applies to initial custody determinations. See § 61.514(1)(a), Fla....

...commencement of the proceeding”); McIndoo v. Atkinson, 159 So. 3d 227, 230 (Fla. 4th DCA 2015) (“[T]his ‘home state’ rule applies to an initial child custody determination”…). However, once a court has made an initial child custody determination under section 61.514, that court 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 c...

...Florida courts have jurisdiction and are competent to decide custody matters where Florida is the home state of the child at the time of the commencement of the proceeding or where Florida has been the child’s home state within six months before commencement of the proceeding. See § 61.514, Fla....

...The grandparents appeal both the October 9, 2006, and the November 9, 2006, orders, claiming 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)....

...“A trial court’s lack of subject matter jurisdiction makes its judgments void....” Strommen, 927 So.2d at 179 . Subject matter jurisdiction over child custody matters is governed by the UCCJEA. “The UCCJEA is ... a jurisdictional act which controls custody disputes.” Arjona, 941 So.2d at 454 (emphasis omitted). Section 61.514, titled “Initial child custody jurisdiction,” provides in relevant part: (1) Except as otherwise provided in s....

...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 consecutive months. Rather, Alabama had jurisdiction to make the initial custody determination pursuant to section 61.514(1)(a) because even though the child was absent from Alabama when the petition for dependency was filed, Alabama had been the home state of the child within six months before the filing of the petition and the mother continued to live in Alabama. See § 61.514(1).(a). 1 Because the Florida circuit court did not have jurisdiction to make an initial custody determination under section 61.514, the orders on appeal are void....

...3d DCA 1995) (holding that portion of final judgment of dissolution of marriage awarding visitation rights with the child to the husband was void because the trial court did not have subject matter jurisdiction). The mother argues that even if Florida did not have jurisdiction under section 61.514, Florida had jurisdiction under section 61.517, which provides for the exercise of temporary emergency jurisdiction....

...or threatened with mistreatment or abuse. (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....

...We agree that the Florida circuit court had temporary jurisdiction to enter the December 2004 order effectively awarding temporary custody to the grandparents under section 61.517. However, that provision did not confer to the Florida circuit court jurisdiction to make an initial custody determination under section 61.514. Any temporary child custody determinations made in this case under section 61.517 remained in effect until the October 27, 2006, order of temporary custody was obtained from the circuit court in Alabama, the state having proper jurisdiction under section 61.514....

...1927)). Florida’s version of the Uniform Child Custody Jurisdiction and Enforcement Act grants foreign courts jurisdiction “to make an initial child custody determination” if the foreign jurisdiction is “the home state of the child on the date of the commencement of the proceeding[.]” § 61.514(1)(a), Fla....

...Stat. (2022). A court not in the child’s home state may, in some circumstances, exercise jurisdiction to make the initial determination if the home state courts, or other courts with appropriate jurisdiction, have declined to exercise such jurisdiction. See § 61.514(1)(b)-(d), Fla....

...1927)). Florida’s version of the Uniform Child Custody Jurisdiction and Enforcement Act grants foreign courts jurisdiction “to make an initial child custody determination” if the foreign jurisdiction is “the home state of the child on the date of the commencement of the proceeding[.]” § 61.514(1)(a), Fla....

...Stat. (2022). A court not in the child’s home state may, in some circumstances, exercise jurisdiction to make the initial determination if the home state courts, or other courts with appropriate jurisdiction, have declined to exercise such jurisdiction. See § 61.514(1)(b)-(d), Fla....

...sue of jurisdiction, the court stating that “the jurisdictional hearing has been scheduled in N.C. in the earlier filed case at the end of March.” Florida courts have jurisdiction over child custody matters when this is the child’s home state. § 61.514(l)(a), Fla....

...{Choose all that apply} a. ____ This Court exercised and continues to exercise original jurisdiction over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes. b....

...See Steckler v. Steckler, 921 So. 2d 740, 742 n.1 (Fla. 5th DCA 2006). 1 Pursuant to the initial 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....

...§ 61.503(13), Fla. Stat.; Ohio Rev. Code Ann. § 3127.01(13) (West 2022). “The state with home state jurisdiction over the child has [jurisdictional] priority under the UCCJEA.” Baker v. Tunney, 201 So. 3d 1235, 1237 (Fla. 5th DCA 2016); see § 61.514(1)(a), Fla....

...and there is substantial evidence concerning the child’s present or future care, protection, and personal relationships in Florida,” the courts of this state may also exercise jurisdiction. Florida Bar, Florida Juvenile Law and Practice § 11.2(C) (16th ed. 2020); see § 61.514(1)(b), Fla....

..., further provides: 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. By this plain language, a child custody determination mad...

...s or country's custody decrees." In re Gloria A. , 213 Cal.App.4th 476 , 152 Cal. Rptr. 3d 550 , 555 (2013) (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 temporary emergency situations when the child is present in another state....

...ng as a parent] is part of the period." Id. Moreover, "[t]he state with home state jurisdiction over the child has [jurisdictional] priority under the UCCJEA." Baker v. Tunney , 201 So. 3d 1235 , 1237 (Fla. 5th DCA 2016) (citation omitted); see also § 61.514, Fla....

...s or country's custody decrees." In re Gloria A. , 213 Cal.App.4th 476 , 152 Cal. Rptr. 3d 550 , 555 (2013) (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 temporary emergency situations when the child is present in another state....

...ng as a parent] is part of the period." Id. Moreover, "[t]he state with home state jurisdiction over the child has [jurisdictional] priority under the UCCJEA." Baker v. Tunney , 201 So. 3d 1235 , 1237 (Fla. 5th DCA 2016) (citation omitted); see also § 61.514, Fla....

...4th DCA 2015) (citation omitted). “Under the UCCJEA, jurisdictional priority lies in the child’s home state.” Barnes, 124 So. 3d at 995 (citation omitted). Within Florida’s codification of the UCCJEA, that jurisdictional priority arises from sections 61.503(7) and 61.514(1)(a), Florida Statutes (2015). Section 61.503(7) provides, “‘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.” § 61.503(7), Fla. Stat. (2015) (emphasis added). Section 61.514(1)(a), Florida Statutes (2015), provides, in pertinent part, “a court of this state has jurisdiction to make an initial custody determination . . . if . . . [t]his state is the home state of the child on the date of the commencement of the proceeding . . . .” § 61.514(1)(a), Fla. Stat. (2015) (emphasis added); see also Barnes, 124 So. 3d at 996 (“[S]ection 61.514(1)(a) permits the exercise of home state jurisdiction if, at any time during the six months preceding the filing of the custody proceeding, Florida qualified as the child’s home state.”) (emphasis added; citation omitted). Within Orego...

...to mistreatment. OR. REV. STAT. § 109.751(1) (2015). However, on the date that the grandmother filed her temporary custody petition in Florida, Florida had initial custody jurisdiction over that petition, because Florida remained the child’s home state. § 61.514(1)(a), Fla....

...tate of the child within 6 months before the commencement of the proceeding" if "the child is absent from this state but a parent or person acting as a parent continues to live in this state." § 3 61.514, Fla....

...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....

...o determine the child’s home state. C. Contacting the South Carolina Court Under the UCCJEA Mother argues that the trial court erred by failing to contact the South Carolina court pursuant to section 61.519(2) of the UCCJEA. Section 61.514(1)(a) provides that Florida has jurisdiction if it was “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...

...rder on the father’s motion to compel summer visitation falls within subsection 61.527(l)(b); 2 thus, the Broward court should have specified a period in which the father had to obtain an order from a court *440 having jurisdiction to modify under section 61.514-.523....

...Subsection 61.527(2) provides as follows: (2) If a court of this state makes an order under paragraph (l)(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 *440 61.523....

...The statute provides as follows: 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....

...based on the following: [Choose all that apply] a. ___ This Court exercised and continues to exercise original jurisdiction over the minor children listed below under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically, section 61.514, Florida Statutes....

...rulings over same” upon a determination that Colombia, not Florida, was the home state of the minor children during the relevant time periods, and that the trial court therefore lacked subject-matter jurisdiction to make an initial child custody determination under section 61.514, Florida Statutes (2015).1 1 Section 61.514(1) provides the circumstances under which “a court of this state has jurisdiction to make an initial child custody determination.” Relevant to this case, a Florida court has jurisdiction to make such a determination only if...

... Upon our review, we find no error in the trial court’s determination, see Martinez v. Lebron, 284 So. 3d 1146, 1149 (Fla. 5th DCA 2019) (reviewing for competent substantial evidence the trial court's factual determination of the child’s “home state” under section 61.514, Florida Statutes); Holub v. Holub, 54 So. 3d 585, 587 (Fla. 1st DCA 2011)(reviewing for competent substantial evidence the trial court's application of section 61.514, Florida Statutes to the facts presented), and reject the Father’s contention that the trial court erred in failing to apply the doctrine of judicial estoppel....

KLEIN, J. We grant the father’s petition for writ of prohibition 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)....

...of subject matter jurisdiction only as to T.S., because it was undisputed that T.S. had never been in Florida prior to being picked up in New York. The trial court denied the motion. The Department argues that the trial court has jurisdiction under section 61.514(l)(b), Florida Statutes, which would authorize Florida to exercise jurisdiction over T.S....

...if New York is not the home state, or if New York has declined jurisdiction and Florida is the more appropriate forum. It is undisputed, however, that T.S. has never been in Florida prior to this and is only here because of the mistake. Florida can only have jurisdiction under these circumstances if, under section 61.514(l)(b), no other state is the home state of the child, or if another state is, it has declined to exercise jurisdiction because this state is the more appropriate forum....

PER CURIAM. DENIED. See Barnes v. Barnes, 124 So.3d 994, 996 (Fla. 4th DCA 2013) (recognizing home state jurisdiction under § 61.514(l)(a), Florida Statutes, if Florida was the child’s home state “at any time” during the six months preceding the filing of the custody proceeding)....

...Following further testimony from each party, the trial court indicated it found the Mother’s testimony she intended to permanently reside in Michigan since November 2020 credible and therefore Michigan was the minor child’s home state pursuant to section 61.514, Florida Statutes....

...ons regarding whether the Mother engaged in unjustifiable conduct by concealing her intent to reside in Michigan from the Father. The trial court subsequently entered its final order dismissing the Father’s petition concluding that pursuant to section 61.514 the minor child’s home state was Michigan....

...under a de novo standard of review.” Williams Island Ventures, LLC v. de la Mora, 246 So. 3 3d 471, 475 (Fla. 3d DCA 2018). A trial court’s factual determination of a minor child’s home state under section 61.514(1), however, is reviewed for competent, substantial evidence. See Martinez v. Lebron, 284 So. 3d 1146, 1149 (Fla. 5th DCA 2019) (reviewing a trial court’s finding that Florida was a minor child’s home state under section 61.514 for competent, substantial evidence); Alvarez v....

...Home State Jurisdiction The Father argues the trial court erred in dismissing his petition because the minor child’s “habitual residence” was Florida within six months preceding his petition as the Mother and minor child’s move to Michigan was merely a temporary absence. Section 61.514 “is the exclusive jurisdictional basis for making a child custody determination by a court of this state.” § 61.514(2), Fla. Stat. Section 61.514(1)(a) provides Florida has jurisdiction over a child custody action if Florida was the home state of the minor child on the date the petition was filed or was the home state of the minor child within six months before the petition was filed. See § 61.514(1)(a), Fla....

...ng whether the Mother engaged in unjustifiable conduct was an invitation for the Florida court to take jurisdiction. This argument is without merit. As discussed, Michigan was properly determined to be the child’s home state pursuant to section 61.514(1) and the Michigan court stated it would accept jurisdiction despite questions regarding the Mother’s conduct....