RENEE MARIE ODOM, APPELLANT,
v.
WALTER E. ODOM, JR., APPELLEE
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Florida properly exercised jurisdiction over a child custody matter under the Uniform Child Custody Jurisdiction Act because Florida was the child's home state when the mother removed the child to Kentucky, and the father filed suit within six months of removal.
Florida courts have jurisdiction over a child custody dispute when the child has resided in Florida for more than six months and the custody action is filed within six months of the child's removal to another state.
[1] Under the Uniform Child Custody Jurisdiction Act, a state is the home state of a child when the child has resided there for more than six months, and a custody action fil…
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Join FLexlaw to unlock all legal intelligenceA child resided in Madison County, Florida for more than six months. The mother removed the child to Kentucky, and the father filed a custody action i…
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ZEHMER, Chief Judge.
We affirm the order granting visitation pursuant to the husband’s motion for temporary relief. The child had resided in Madison County, Florida, for more than six months prior to the date the mother removed the child from Florida to Kentucky. This action was filed by the husband less than six months after the child had been removed. Thus the court below correctly ruled that Florida is the home state of the child and properly exercised jurisdiction pursuant to section 61.1308(l)(a)2, Florida Statutes (1991). As the wife had not filed a custody action in the state of Kentucky prior to the filing of the Florida action, her subsequently filed action in the state of Kentucky does not take priority over the Florida action. Section 61.1314, Fla.Stat. (1991).
Appellant argues that the Florida court should defer jurisdiction to the court hearing the Kentucky action on grounds that the Kentucky court is, under the circumstances, the more convenient and appropriate forum to decide the custody issue. While the Florida court is authorized to grant such relief under section 61.1316, Florida Statutes (1991), that precise issue has not been ruled on by the trial court. Accordingly; this affirmance is without prejudice to Appellant’s right -to a hearing on a motion to have the circuit court abate this action and defer its jurisdiction to the action pending in the Kentucky court.
AFFIRMED.
ALLEN and WEBSTER, JJ., concur.
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Kilgore v. Dawson, 675 So. 2d 217 (Fla. 3d DCA 1996)…enient forum. The North Carolina court declined to exercise jurisdiction and deferred jurisdiction to Florida. We entirely agree with the North Carolina court’s reasoning on this point.2 See § 61.1316, Fla.Stat. (1995); [*219] see also Odom v. Odom, 620 So. 2d 1130 (Fla. 1st DCA 1993). The order under review is reversed and the cause remanded with directions to reinstate the action. . Although we need not reach the point, there is a question whether the North Carolina action is properly viewed as first filed…