Florida Statute 61.518 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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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.

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Amendments to 61.518

Annotations, Discussions, Cases:

Cases Citing Statute 61.518

Total Results: 5 | Sort by: Relevance | Newest First

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Douglas v. Johnson, 65 So. 3d 605 (Fla. 2d DCA 2011).

Cited 11 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11089, 2011 WL 2732677

...the Mother to return the child to Florida to the temporary custody of the Father. We review the question of whether a party was denied the opportunity to be heard for an abuse of discretion. See Smith v. Smith, 964 So.2d 217, 218 (Fla. 2d DCA 2007). Section 61.518, Florida Statutes (2010), provides that "[b]efore a child custody determination is made under this part, notice and an opportunity to be heard ......

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Ferris v. Winn, 242 So. 3d 509 (Fla. 2d DCA 2018).

Cited 3 times | Published | Florida 2nd District Court of Appeal

..., and it must afford a reasonable time for those interested to make their appearance ... [while] the opportunity to be heard must be at a meaningful time and in a meaningful manner." Id. (alteration in original) (quoting Borden , 818 So.2d at 607 ). Section 61.518(1), Florida Statutes (2017), mandates that "[b]efore a child custody determination is made under this part, notice and an opportunity to be heard ......

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Anthony T. Litsch, III Vs Julie Litsch n/k/a Julie Mills (Fla. 5th DCA 2023).

Published | Florida 5th District Court of Appeal

...child.” Bosh v. Mathis, 99 So. 3d 631 (Fla. 5th DCA 2012). Those procedures include giving each party the opportunity to present evidence. Cf. Douglas v. Johnson, 65 So. 3d 605, 607 (Fla. 2d DCA 2011) (stating that an “opportunity to be heard” under UCCJEA (section 61.518) means an opportunity to present witnesses or evidence); Poliandro, 899 So....

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Bahl v. Bahl, 220 So. 3d 1214 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18179, 2016 WL 7174169

...es to the nonfinal order. Mainly, the father argues that the trial court erred in granting the mother's motion without giving him an opportunity to be heard because there were no allegations demonstrating that an emergency existed. Section 61.518(1), Florida Statutes (2015), provides that "[b]efore a child custody determination is made under this part, notice and an opportunity to be heard ....

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James Leigh Ferris v. Dianna Winn, f/ k/ a Dianna Ferris (Fla. 2d DCA 2018).

Published | Florida 2nd District Court of Appeal

...and it must afford a reasonable time for those interested to make their appearance . . . [while] the opportunity to be heard must be at a meaningful time and in a meaningful manner." Id. (alteration in original) (quoting Borden, 818 So. 2d at 607). Section 61.518(1), Florida Statutes (2017), mandates that "[b]efore a child custody determination is made under this part, notice and an opportunity to be heard ....

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