Can You Request a Guardian Ad Litem in Your Divorce?
Short answer: Yes. Either parent in a Florida divorce, paternity or modification case can file a motion asking the court to appoint a guardian ad litem. The judge decides whether appointment is in the child's best interests. A GAL can be valuable when there are serious concerns about a child's safety or well-being, but it adds time and possibly cost, so the request should be strategic.
Parents sometimes ask a court to appoint a guardian ad litem because they believe a neutral investigator will see what they see. That can be true. It is also a decision with trade-offs worth thinking through.
How to request a GAL
- File a motion. Your lawyer files a motion explaining why a GAL would help the court determine the child's best interests.
- Support it with facts. Describe specific concerns, such as safety issues, conflicting accounts or a child's special needs.
- Hearing or ruling. The judge rules on the motion, sometimes after a short hearing.
- Appointment order. If granted, the order identifies the GAL, their authority and often how fees are handled.
When a request may make sense
- There are genuine concerns about abuse, neglect, substance use or a parent's judgment
- The parents' accounts of the child's life conflict sharply
- The child has special needs that require a closer look
- You need an independent voice to present the child's experience without putting the child on the stand
Things to weigh first
Potential benefits
- Independent investigation the judge trusts
- Access to school, medical and counseling records
- A way to share the child's perspective without testimony
Potential drawbacks
- Adds time to the case
- May add cost, depending on who serves as GAL
- The GAL's findings may not match your expectations
It cuts both ways: Asking for a GAL invites scrutiny of both households, including yours. Make the request because you believe an independent look will help your child, not as a tactic.
A guardian ad litem is most helpful when the truth about the child's situation is hard for the court to see from the courtroom.
Alternatives
Depending on the concern, other tools may fit better, such as a social investigation, a parenting evaluation, therapy records, or simply better documentation of the child's routines. Your lawyer can help you pick the right one.
When to talk to a lawyer
Heather Harris Law can help Brevard County parents decide whether to request a guardian ad litem and how to present that request to the court. For costs, see who pays for a guardian ad litem in Florida.
Frequently asked questions
Can either parent ask for a guardian ad litem?
Yes. Either parent can file a motion asking the court to appoint a GAL, and the judge decides whether it is in the child's best interests.
Can the child ask for a guardian ad litem?
Children generally do not file motions themselves, but a parent, the court or other parties can raise the child's need for an independent voice.
Will requesting a GAL delay my divorce?
Often, yes. The GAL needs time to investigate and report, so the timeline usually extends.
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.