When Does a Florida Court Appoint a Guardian Ad Litem?
Short answer: Florida courts appoint a guardian ad litem in dependency cases involving alleged abuse, abandonment or neglect, and may appoint one in a divorce, paternity or modification case when it is in the child's best interests. Appointment is required in a family case when there is a showing of child abuse, abandonment or neglect.
Not every custody case has a guardian ad litem. Most divorces and paternity cases are resolved without one. Understanding when courts appoint a GAL helps you anticipate whether one may be involved in your case.
Dependency cases
When the Department of Children and Families or another party files a dependency petition alleging abuse, abandonment or neglect, Florida law calls for a guardian ad litem to be appointed to represent the child's best interests. In those cases, the Statewide Guardian ad Litem Office typically provides the GAL team. See guardian ad litem in dependency versus family court.
Family court cases
In divorce, paternity and modification cases, a judge may appoint a GAL whenever doing so is in the child's best interests. Florida law requires appointment in these cases if there is a prima facie showing of child abuse, abandonment or neglect, subject to the availability of a GAL.
Situations where a GAL is often considered
- Allegations of abuse, neglect or domestic violence affecting the child
- Concerns about a parent's substance use or mental health
- Highly contested time-sharing where the parents' accounts conflict sharply
- A child with special medical, educational or emotional needs
- Relocation disputes with significant impact on the child
- Concerns that a child is being alienated from a parent
A judgment call: Appointing a GAL adds time and often cost to a case. Judges weigh whether an independent investigation will truly help them decide what is best for the child.
How appointment happens
- Request or court's own motion. A parent may ask the court to appoint a GAL, or the judge may decide to on their own.
- Order of appointment. The order identifies the GAL and describes their authority, such as access to records.
- Investigation. The GAL begins interviews, home visits and record review.
- Recommendations. The GAL reports to the court before key hearings.
A GAL is appointed when the court needs a set of eyes that belongs to neither parent.
When to talk to a lawyer
Whether you want to request a GAL or have learned one is being considered, the decision affects your case strategy. Heather Harris Law handles guardian ad litem matters for Brevard County parents. Also see can you request a guardian ad litem in your divorce.
Frequently asked questions
Is a guardian ad litem appointed in every Florida custody case?
No. Most divorce and paternity cases proceed without a GAL. Courts appoint one when it serves the child's best interests or when abuse, abandonment or neglect is alleged.
Is a GAL required in Florida dependency cases?
Florida law calls for a guardian ad litem to be appointed in dependency cases, and the Statewide Guardian ad Litem Office typically fills the role.
Can a parent object to a GAL being appointed?
A parent can present reasons to the court, but the judge decides whether a GAL would serve 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.