eLaws of Florida

  SECTION 61.528. Registration of child custody determination.  


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  • 1(1) 2A 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:
    51(a) 52A letter or other document requesting registration;
    59(b) 60Two 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
    101(c) 102Except as otherwise provided in s. 10861.522, 109the 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.
    143(2) 144On receipt of the documents required by subsection (1), the registering court shall:
    157(a) 158Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
    183(b) 184Serve 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.
    209(3) 210The notice required by paragraph (2)(b) must state that:
    219(a) 220A 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;
    246(b) 247A hearing to contest the validity of the registered determination must be requested within 20 days after service of notice; and
    268(c) 269Failure 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.
    300(4) 301A 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:
    341(a) 342The issuing court did not have jurisdiction under ss. 35161.514352-35361.523;
    354(b) 355The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under ss. 37961.514380-38161.523; 382or
    383(c) 384The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of s. 40461.509 405in the proceedings before the court that issued the order for which registration is sought.
    420(5) 421If 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.
    462(6) 463Confirmation 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.

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