(1)A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination made by a court of another state.
(2)A court of this state shall recognize and enforce but may not modify, except in accordance with ss. 61.514-61.523, a registered child custody determination of another state.
History.—s. 5, ch. 2002-65.
(1)A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the circuit court of the county where the petitioner or respondent resides or where a simultaneous request for enforcement is sought:
(a)A letter or other document requesting registration;
(b)Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that, to the best of the knowledge and belief of the person seeking registration, the order has not been modified; and
(c)Except as otherwise provided in s. 61.522, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.
(2)On receipt of the documents required by subsection (1), the registering court shall:
(a)Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(b)Serve notice upon the persons named pursuant to paragraph (1)(c) and provide them with an opportunity to contest the registration in accordance with this section.
(3)The notice required by paragraph (2)(b) must state that:
(a)A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
(b)A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and
(c)Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(4)A person seeking to contest the validity of a registered order must request a hearing within 20 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
(a)The issuing court did not have jurisdiction under ss. 61.514-61.523;
(b)The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 61.514-61.523; or
(c)The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of s. 61.509 in the proceedings before the court that issued the order for which registration is sought.
(5)If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
(6)Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History.—s. 5, ch. 2002-65.
(1)A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:
(a)A visitation schedule made by a court of another state; or
(b)The visitation provisions of a child custody determination of another state which does not provide for a specific visitation schedule.
(2)If a court of this state makes an order under paragraph (1)(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. 61.514-61.523. The order remains in effect until an order is obtained from the other court or the period expires.
History.—s. 5, ch. 2002-65.
(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 proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under s. 61.520.
(2)Except as otherwise provided in s. 61.517, a court of this state, before hearing a child custody proceeding, shall 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. If the court of the state having jurisdiction substantially in accordance with this part does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3)In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:
(a)Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b)Enjoin the parties from continuing with the proceeding for enforcement; or
(c)Proceed with the modification under conditions it considers appropriate.
History.—s. 5, ch. 2002-65.
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. 61.515 or that a court of this state would be a more convenient forum under s. 61.520; or
(2)A court of this state or a court of the other state determines that the child, the child’s parents, and any person acting as a parent do not presently reside in the other state.
History.—s. 5, ch. 2002-65.
(1)Except as otherwise provided in s. 61.517, a court of this state which has made a child custody determination consistent with s. 61.514 or s. 61.516 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 connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or
(b)A court of this state or a court of another state determines that the child, the child’s parent, and any person acting as a parent do not presently reside in this state.
(2)A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under s. 61.514.
History.—s. 5, ch. 2002-65.
Appearance and limited immunity.—
(1)A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(2)A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(3)The immunity granted by subsection (1) does not extend to civil litigation based on an act unrelated to the participation in a proceeding under this part which was committed by an individual while present in this state.
History.—s. 5, ch. 2002-65.
Definitions.—As used in this part, the term:
(1)“Abandoned” means left without provision for reasonable and necessary care or supervision.
(2)“Child” means an individual who has not attained 18 years of age.
(3)“Child custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, residential care, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
(4)“Child custody proceeding” means a proceeding in which legal custody, physical custody, residential care, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under ss. 61.524-61.540.
(5)“Commencement” means the filing of the first pleading in a proceeding.
(6)“Court” means an entity authorized under the laws of a state to establish, enforce, or modify a child custody determination.
(7)“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. A period of temporary absence of any of the mentioned persons is part of the period.
(8)“Initial determination” means the first child custody determination concerning a particular child.
(9)“Issuing court” means the court that makes a child custody determination for which enforcement is sought under this part.
(10)“Issuing state” means the state in which a child custody determination is made.
(11)“Modification” means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, regardless of whether it is made by the court that made the previous determination.
(12)“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, instrumentality, or public corporation; or any other legal or commercial entity.
(13)“Person acting as a parent” means a person, other than a parent, who:
(a)Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and
(b)Has been awarded a child-custody determination by a court or claims a right to a child-custody determination under the laws of this state.
(14)“Physical custody” means the physical care and supervision of a child.
(15)“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16)“Tribe” means an Indian tribe, or band, or Alaskan Native village that is recognized by federal law or formally acknowledged by a state.
(17)“Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
History.—s. 5, ch. 2002-65.
Section 61.14, Florida Statutes, contains a provision that allows a court to modify or terminate an order for alimony if the obligee (the person receiving alimony) is in a “supportive relationship.” So what is a supportive relationship?
What is a "supportive relationship?"
Fortunately, the statute provides guidelines to identify such a relationship. Considerations include the following:
Section 61.08, Florida Statutes, and relevant case law, provides for several different types of alimony awards. The likelihood of receiving each type of award depends on several different factors, including the need of one spouse for support, the ability of the other spouse to pay for that support, and the length of the marriage. Below is a brief description of available types of alimony:
