Yurgel v. Yurgel

I respectfully dissent from the reasoning of the majority opinion. This case does not raise a question of jurisdiction but of proper forum.

Section 61.1308(l)(a)2, Florida Statutes (1987), provides that the courts of Florida may exercise jurisdiction in a custody dispute if this state:

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

The petition for…