(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.
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.