What is a Guardian ad Litem?

In the state of Florida, a guardian ad litem is typically appointed in certain high-conflict cases between parents regarding the well-being of their child or children. The role of the guardian ad litem is governed by Florida’s statute 61.403. The guardian ad litem helps investigate the dispute and ensures that the child’s best interests are fully protected. If a guardian ad litem is appointed in your case, then it’s vital that you understand their role in the process.

Definition

As previously mentioned, under Florida law, a guardian ad litem is a person appointed by the court who is tasked with acting as a child’s ‘next friend.’ While the guardian’s duty is to protect the child’s best interest, guardian ad litem is not a child’s advocate or lawyer. The best way is to think of a guardian ad litem as an evaluator or an investigator.

What Does a Guardian ad Litem Do?

In short, a guardian ad litem (GAL) is a fact finder.  The GAL is an investigator who works on behalf of the court, with the purpose of determining what is best for the child in the case. A guardian ad litem may conduct interviews with parents, and they may also speak to the child directly. Their investigation is detailed, so, as a parent, make sure to keep open communication and a respectful and positive relationship.

What is Florida’s ‘Best Interest of the Child’ Standard?

Under Florida law, family law courts look to the ‘best interest of the child’ legal standard. As such, it can make judgments in child custody and time-sharing disputes. The guardian ad litem is in essence a neutral party who will work to ensure that a child’s physical safety, emotional well-being, and psychological health are adequately protected.

The guardian ad litem can help the court by obtaining any required expert examinations from doctors, dentists, therapists, or psychologists. Aside from the child, he or she can request the court to order expert examinations of the child’s parents, as well as other interested parties. The guardian ad litem can also request the court to provide access to any of those reports or ask the court to order examinations of other parties, such as parents.

The Thoughts of the Guardian ad Litem

An appointed guardian ad litem can comment on any proposed agreement between the parents that can affect the child. A guardian ad litem can, through counsel, be present at any proceeding, including hearings and depositions. He or she can also require the attendance of witnesses through counsel.

The Florida court relies on the guardian’s opinion and takes his or her recommendation very seriously. However, the judge makes the final decision. In other words, a court cannot delegate decisions to a guardian ad litem, for the supreme authority belongs to the judge.

Takeaway

The guardian ad litem’s ultimate goal is to advocate for the best interests of the child or children. He or she is not appointed for the interests of either parent or any other party.

If you would like to discuss the specifics of your divorce or paternity case or need help with other family law issues call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.  At this time, all consultations are by telephone or video conferencing in order to protect our staff and clients.

Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator and she has served as a guardian ad litem in many cases.