Guardian Ad Litem
A guardian ad litem is a unique role that many people may not be aware that exists. During family law cases, a guardian ad litem is often appointed by the court if the presiding judge feels that it is in the best interest of the child. From the date of their appointment until the conclusion of the case, the guardian ad litem acts as the child’s “next friend” and evaluate the child’s family circumstances. The phrase “next friend” refers to someone appearing on behalf of someone else, who is usually a minor or considered legally incompetent.
What is Guardian Ad Litem?
The court cannot just appoint anyone to be a guardian ad litem for a child. Under Florida statute 61.402, a court-appointed guardian ad litem must be either:
- Certified by the Guardian Ad Litem Program,
- Certified by a not-for-profit legal aid organization or,
- An attorney in good standing with The Florida Bar.
Guardians ad litem who are appointed through a not-for-profit program must undergo an extensive background check and training program prior to being certified. This includes a detailed examination of their employment history, references, and criminal history. The guardian ad litem applicant must also be screened regarding past activities involving children, including child-related criminal offenses or child abuse. This is to ensure that the potential guardian ad litem is truly a suitable candidate for the organization to appoint. Falsifying any portion of the background history of a guardian ad litem is considered a first degree misdemeanor, punishable by up to one year in prison and a $1,000 fine.
Once appointed, the guardian ad litem must then investigate and evaluate their assigned case in order to act in the child’s best interest. To accomplish this, the guardian ad litem has a great deal of powers and authority he or she may exercise, which are all enumerated by Florida statute 61.403. While a guardian ad litem may be granted additional powers on a case-by-case basis, below is a list of all the powers, rights, responsibilities established by Florida law:
- Power to investigate the allegations affecting the child
- Power to interview the child, witnesses, or anyone else who has information related to the welfare of the child
- Power to petition the court for an order directed to a specific person, agency, or organization for records and documents related to the case (such as hospitals, medical doctors, and psychologists)
- Power to request the court to order expert examinations of the child, child’s parents, or other involved parties
- Power to address the court with written or oral recommendations
a. A written report must be filed at least 20 days prior to the hearing unless such time is waived by the court - Power to file pleadings, motions, or petitions for relief as the guardian ad litem feels to be necessary
- Right to be present and participate in all depositions, hearings, and other proceedings
- Responsibility to assist the court in obtaining impartial expert examinations
- Responsibility to submit recommendations to the court regarding any stipulation or agreement
a. This must be done within 10 days after the stipulation and agreement was served to the guardian ad litem
In addition to the above, one important responsibility of the guardian ad litem relates to confidentiality. When working on his or her assigned case, the guardian ad litem is legally required by Florida statute 61.404 to maintain confidentiality of all information and documents received from any sources. This information can only be disclosed in a report to the court, which can then be served to both parties of the case unless otherwise directed by the judge.
For more information on guardians ad litem, call Hendry & Parker, P.A, in downtown Dunedin, at (727) 205-5555 or visit us in-person at our office today Serving Pinellas, Pasco & Hillsborough Counties.