(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to 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.
(3) If there is a previous child custody determination that is entitled to be enforced under this part, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ss. 61.514-61.516, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ss. 61.514-61.516. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
(4) A court of this state which has been asked to make a child 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. 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 court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
History.—s. 5, ch. 2002-65; s. 7, ch. 2003-1.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part II - Uniform Child Custody Jurisdiction and Enforcement Act (Ss. 61.501-61.542)
61.502 - Purposes of part; construction of provisions.
61.504 - Proceedings governed by other law.
61.505 - Application to Indian tribes.
61.506 - International application of part.
61.507 - Effect of child custody determination.
61.509 - Notice to persons outside the state.
61.510 - Appearance and limited immunity.
61.511 - Communication between courts.
61.512 - Taking testimony in another state.
61.513 - Cooperation between courts; preservation of records.
61.514 - Initial child custody jurisdiction.
61.515 - Exclusive, continuing jurisdiction.
61.516 - Jurisdiction to modify a determination.
61.517 - Temporary emergency jurisdiction.
61.518 - Notice; opportunity to be heard; joinder.
61.519 - Simultaneous proceedings.
61.521 - Jurisdiction declined by reason of conduct.
61.522 - Information to be submitted to the court.
61.523 - Appearance of parties and child.
61.525 - Enforcement under the Hague Convention.
61.527 - Temporary visitation.
61.528 - Registration of child custody determination.
61.529 - Enforcement of registered determination.
61.530 - Simultaneous proceedings.
61.531 - Expedited enforcement of child custody determination.
61.532 - Service of petition and order.
61.534 - Warrant to take physical custody of child.
61.535 - Costs, fees, and expenses.
61.536 - Recognition and enforcement.
61.538 - Role of state attorney.
61.539 - Role of law enforcement officers.