What Is a Guardian ad Litem in Florida?
In Florida, a Guardian ad Litem (GAL) plays an essential role in advocating for the child's best interests in cases of child abuse and neglect and also in high-conflict custody matters.
Today, we’re examining this vital, court-appointed position as it relates to high-conflict custody matters.
The role of a Guardian ad Litem in the family courts
Children are the most impacted during high-conflict divorce proceedings. In 1990, an Act relating to dissolution of marriage created ss. 61.401–61.404, F.S. which provided for the appointment of a Guardian ad Litem in an action for dissolution of marriage, modification, parental responsibility, custody, or visitation under certain circumstances. It also outlined the powers and authority of a guardian ad litem and provided for confidentiality in the process. In 1995, s. 61.405 was added to provide for immunity for the individual acting as the GAL.
In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator. This appointment makes the GAL a party to the proceedings and ensures the best interest of the children is heard.
What does a Guardian ad Litem do?
During court proceedings, GALs serve a vital role. They are usually tasked with making recommendations to the Court regarding a parenting plan. To make recommendations, they gather information from the child about their experiences and review relevant records. Another vital function is interviewing people involved in the child’s life. Through these interviews, they can build a more thorough picture of the events surrounding the case.
Additionally, they’re tasked with visiting the child’s home to observe the child’s living environment.
Before a case is closed, the GAL makes recommendations to the Court about what’s in the best interest of the child, their mental health, and physical well-being. Sometimes there are specific allegations of which the GAL will discuss in their report.
When is a Guardian ad Litem appointed to a case in the family court?
Appointment of a GAL in a family case is highly discretional and typically arises when the parties are unable to come to an agreement on a parenting plan due to circumstances beyond the usual acrimony seen amongst family law litigants. However, there are certain cases where GALs are required to be appointed. According to s. 61.401, in such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child.
A GAL is appointed by one party filing a motion asking for the appointment of a GAL or by the parties stipulating to the need and appointment of a GAL. This appointment can happen at almost any stage in the proceeding except, of course, during the final trial.
Who can be a Guardian ad Litem?
Typically, the GAL in a family law proceeding is an attorney in good standing with the Florida Bar. But Florida law also allows for non-attorneys to receive appointment as a GAL if they are either certified by the Statewide Guardian Ad Litem Program pursuant to s. 39.821 or certified by a not-for-profit legal aid organization as defined in s. 68.096. Generally the non-attorney GALs are social workers or other mental health professionals already familiar with the legal system.
What influence does a Guardian ad Litem have on a case?
It is difficult to quantify how much a GAL influenced the outcomes in each case, but they play an integral role. Without them, the only voices heard in a case are the parents and their selected witnesses, and, because of public policy favoring keeping the children out of the courtroom, that doesn’t always include the kids.
Because GAL’s work directly with affected children, the information they provide is essential in the final decisions.
While Judges are prohibited from blindly adopting a Report and Recommendation of A GAL, Judges rely on these individuals to give perspective into the best interest of the child/children involved.
How much weight does a Guardian ad Litem have?
At the conclusion of a case, the GAL files a report detailing their findings and recommendations. They have access to a wealth of information and provide an unbiased opinion about what’s in a child's best interest. Unlike other parties involved, they don’t have a vested interest in the outcome of the proceedings.
However, each judge values their input differently. The actual weight of their influence isn’t standard across the board. In most cases, though, the judge gives substantial weight to their findings.
Who pays for a Guardian ad Litem?
In divorce cases, both parties contribute to the fees of a Guardian ad Litem. The judge in the case will determine what percentage of the costs each parent should pay based upon their proven financial ability to pay.
How often does a judge agree with a Guardian ad Litem?
As discussed earlier, judges usually take the word of a GAL seriously. Usually, the parties stipulate to the GAL having a hearsay waiver. In those cases,when a child discloses something to these individuals, it may be admitted as evidence in courtroom proceedings Hearsay waivers also provide for the GAL to disclose information received by other collateral witnesses or information they have read in relevant documents. This can streamline the time necessary for trial and often lends an opportunity for settlement- saving the parties a lot of time and money in this process.
Individuals appointed in these roles are usually well-respected members of the community. Therefore, they’re likely to provide vital and measured insights into a child’s best interests. More often than not, a judge will agree with a well-informed GAL who has completed a thorough investigation.
For more information about family law in Florida, contact Busciglio Sheridan & Schoeb
Anytime you’re involved in a family court proceeding in Florida, you’ll need legal counsel. Busciglio Sheridan & Schoeb are prepared to provide legal representation in all types of family law. We understand child advocacy's complex and delicate nature and will work on your behalf to ensure the best outcome possible.
If you need a strong representative on your side, reach out to our team today!
To help children who may be meeting a new GAL, we recommend our book, authored by our own, Elizabeth Burchell, Esq. and Joshua Sheridan, Esq.
"Actually, I can!": with the help of my Guardian ad Litem (flamingo-publishing.com)