Florida Statute 61.522 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

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.

F.S. 61.522 on Google Scholar

F.S. 61.522 on CourtListener

Amendments to 61.522

Annotations, Discussions, Cases:

Cases Citing Statute 61.522

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

Copy

Strommen v. Strommen, 927 So. 2d 176 (Fla. 2d DCA 2006).

Cited 14 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1113527

...However, the UCCJA continues to apply to all custody proceedings filed before the UCCJEA's effective date. See § 61.542, Fla. Stat. (2002). [2] Section 61.132 was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522....

Copy

Ruble v. Ruble, 884 So. 2d 150 (Fla. 2d DCA 2004).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1618531

...warding custody. Reversed and remanded. WHATLEY and NORTHCUTT, JJ., Concur. NOTES [1] Section 61.132, Florida Statutes, was repealed by chapter 2002-65, section 7, at 870, Laws of Florida, effective October 1, 2002. That section has been replaced by section 61.522, Florida Statutes.

Copy

Mannino v. Mannino, 980 So. 2d 575 (Fla. 2d DCA 2008).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 1830522

...ce their birth. The sons have had occasional trips to Florida to visit their paternal grandparents. Sgt. Mannino filed for dissolution of marriage in Florida in August 2004. In the UCCJEA affidavit filed in conjunction with the petition, required by section 61.522, he claimed Florida as the children's "home state." In January 2005 in Japan, the couple executed with all formal requisites a kyogi rikon, [2] the Japanese equivalent of an uncontested divorce....

Copy

Kilcrease v. Brown (Fla. 1st DCA 2024).

Published | Florida 1st District Court of Appeal

...2 Moreover, again except for in emergencies, the statute requires a court of this state, before hearing a child custody proceeding, [to] 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....

...of this state shall dismiss the proceeding. § 61.519(2), Fla. Stat. A record must be made of the communication between the two courts under this provision. See § 61.511(4), Fla. Stat. Despite the mother’s disclosure in the verified information she provided under section 61.522, Florida Statutes, that the Oklahoma court had “continuing jurisdiction” regarding the child’s custody, there is no record of communication between the two courts and no record that the Oklahoma court determined the Florida circu...

Copy

Racquel Dorvil v. Jacarr Atwell (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

...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.” § 61.522(1), Fla....