The Florida Senate

61.1308  Jurisdiction.--

(1)  A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree if:

(a)  This state:

1.  Is the home state of the child at the time of commencement of the proceeding, or

2.  Had been the child's home state within 6 months before commencement of the proceeding and the child is absent from this state because of his or her removal or retention by a person claiming custody or for other reasons, and a parent or person acting as parent continues to live in this state;

(b)  It is in the best interest of the child that a court of this state assume jurisdiction because:

1.  The child and his or her parents, or the child and at least one contestant, have a significant connection with this state, and

2.  There is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships;

(c)  The child is physically present in this state and:

1.  The child has been abandoned, or

2.  It is necessary in an emergency to protect the child because he or she has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or

(d)1.  It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraph (a), paragraph (b), or paragraph (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and

2.  It is in the best interest of the child that a court of this state assume jurisdiction.

(2)  Except under paragraph (c) or paragraph (d) of subsection (1), physical presence in this state of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination.

(3)  Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine custody.

History.--s. 4, ch. 77-433; s. 326, ch. 95-147.