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Fla. Stat. § 61.538

Role of state attorney

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Verbatim reference text. This is the full, unedited text of Fla. Stat. § 61.538, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

**61.538 Role of state attorney.**—(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may take any lawful action, including resort to a proceeding under ss. 61.524-61.540 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination, if there is: (a) An existing child custody determination; (b) A request to do so from a court in a pending child custody proceeding; (c) A reasonable belief that a criminal statute has been violated; or (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. (2) A state attorney acting under this section acts on behalf of the court and may not represent any party. History.—s. 5, ch. 2002-65.

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