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Temporary Emergency Jurisdiction in the Orlando, Florida Area

Did you know that Florida Statute 61.517 gives the court in Florida temporary emergency jurisdiction if the child is present in the state and the child has been abandoned, or if it is necessary in an emergency to protect the child, because the child or sibling or parent of the child is subjected or threatened with mistreatment or abuse? 

If there is no previous child custody determination that is entitled to be enforced, and a child custody determination has not been commenced in a court of a state having jurisdiction, then the Florida court order remains in effect until an order is obtained from a court of a state having jurisdiction. If a child custody proceeding has not been or is not commenced in a state having jurisdiction, then a child custody determination made under Florida Statute 61.517 becomes a final determination if it so provides and this state of Florida becomes the home state of the child. 

However, if there is a previous custody determination that is entitled to be enforced or a child custody proceeding has been commenced in a court of a state having jurisdiction, then any order 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. The order in this State of Florida remains in effect until an order is obtained from the other state within the period specified or period until the order expires. 

A court in Florida which has been asked to make a child custody determination under Florida Statute 61.517 upon being informed that a child custody determination has commenced in a state with jurisdiction, or a child custody determination has been made by a court having jurisdiction, then the Florida court shall immediately communicate with the other court to resolve the emergency, protect the safety of the parties and child, and determine a period of the duration of the temporary order in Florida. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.