Guardian Ad Litem in Dependency Cases vs. Family Court Cases
Short answer: In Florida, dependency cases are brought by the state when a child is alleged to be abused, abandoned or neglected, and a guardian ad litem is generally appointed through the Statewide Guardian ad Litem Office. Family court cases, such as divorce or paternity, are disputes between parents, and a GAL is appointed only when the judge finds it serves the child's best interests or abuse is alleged.
The words "guardian ad litem" appear in both dependency cases and family court cases in Florida, but the setting changes a great deal about how the GAL works and what is at stake.
The two kinds of cases
Dependency case
- Brought by the state, usually through DCF
- Alleges abuse, abandonment or neglect
- Can involve removal of the child, case plans and, in serious cases, termination of parental rights
- GAL generally appointed through the Statewide GAL Office
Family court case
- A dispute between parents or family members
- Divorce, paternity, modification or relocation
- Decides time-sharing, decision-making and support
- GAL appointed when it serves the child's best interests, or required when abuse is alleged
The GAL in dependency cases
In dependency cases, the GAL is often part of a team that may include a trained volunteer, a case coordinator and a program attorney. The GAL advocates for the child's best interests throughout the case, including placement, services, visits and the long-term plan. The GAL is a party to the case and participates in hearings and case reviews.
The GAL in family court cases
In family court, the GAL's focus is usually narrower: investigating the child's circumstances so the judge can decide time-sharing and parental responsibility. The GAL may be a program volunteer or a private GAL appointed by the court, and their work ends when the issues they were appointed for are resolved.
Overlapping cases: A family court case and a dependency case can involve the same child at the same time. When that happens, the cases may be coordinated, and orders in one can affect the other. Tell your lawyer about every related case.
What parents should know
- In both settings, the GAL represents the child's best interests, not either parent
- In dependency cases, cooperating with the case plan and the GAL is essential to reunification
- In family court, the GAL's recommendations often shape time-sharing settlements
- In both, honesty and focus on the child carry the most weight
The setting changes; the GAL's question does not: what does this child need?
When to talk to a lawyer
Heather Harris Law handles guardian ad litem matters arising in family court for Brevard County parents and can explain how a GAL's role may affect your case. See also what is a guardian ad litem in Florida.
Frequently asked questions
Is a guardian ad litem always appointed in Florida dependency cases?
Florida law calls for a GAL to be appointed in dependency cases, and the Statewide Guardian ad Litem Office typically provides one.
Can a family court case and a dependency case happen at the same time?
Yes. They can involve the same child, and the courts may coordinate them. Orders in one case can affect the other.
Is the guardian ad litem a party in a dependency case?
In Florida dependency cases, the guardian ad litem participates as a party advocating for the child's best interests.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.