Ruse v. Ruse
Docket: No. 85-1066
Court: District Court of Appeal of Florida; October 31, 1985; Florida; State Appellate Court
In the child custody proceeding, a divorced father from Florida appeals the trial court's decision not to assert jurisdiction over his daughter, who resides with her mother in Indiana. The appellate court affirms the trial court's ruling, noting that the child has not been in Florida since July 1983. The court finds that the requirements for jurisdiction under section 61.1308(1)(b) of the Florida Statutes (1983) are not met, as the child lacks a significant connection to Florida and there is no substantial evidence in the state regarding her care and personal relationships. The court distinguishes the father's reliance on Moser v. Davis, emphasizing that Moser pertains to emergency provisions applicable when a child is physically present in Florida. Consequently, Indiana is deemed the appropriate jurisdiction for the custody matter. The decision is affirmed, with concurrence from Judges Grimes and Scheb.