Shugar v. Shugar, 924 So. 2d 941 (Fla. 1st DCA 2006). · Go Syfert
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Shugar v. Shugar, 924 So. 2d 941 (Fla. 1st DCA 2006). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, 2018–2021 · …courts may not delegate their statutory authority to determine visitation to gals, attorneys, or experts. at p. 942 ✓
10 citation events (10 in the last 25 years) across 2 distinct courts.
Strongest positive: RICHARD BARRACK v. MICHELE BARRACK (fladistctapp, 2021-06-30)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) RICHARD BARRACK v. MICHELE BARRACK
Fla. Dist. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
courts may not delegate their statutory authority to determine visitation to gals, attorneys, or experts.
discussed Cited as authority (verbatim quote) SRINATH SUBRAMANIAN v. VEENA SUBRAMANIAN
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
courts may not delegate their statutory authority to determine visitation to gals, attorneys, or experts.
discussed Cited as authority (rule) TERRI FOSTER v. GUARDIANSHIP OF CAYMAN FOSTER
Fla. Dist. Ct. App. · 2023 · confidence medium
In Shugar v. Shugar, 924 So. 2d 941, 942 (Fla. 1st DCA 2006), the trial court determined that the guardian ad litem appointed for the benefit of the parties’ minor son had the authority to make all decisions regarding visitation.
discussed Cited as authority (rule) Larocka v. Larocka
Fla. Dist. Ct. App. · 2010 · confidence medium
This determination is solely within the province of a court of law.”); Shugar v. Shugar, 924 So.2d 941, 942 (Fla. 1st DCA 2006) (“Courts may not delegate their statutory authority to determine visitation to [guardians ad li-tem], attorneys, or experts.” (citing McAlister v. Shaver, 633 So.2d 494 (Fla. 5th DCA 1994); Wattles v. Wattles, 631 So.2d 349 (Fla. 5th DCA 1994); Roski v. Roski, 730 So.2d 413 (Fla. 2d DCA 1999))).
discussed Cited "see" Keith Malley v. Cortney Malley
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Barrack v. Barrack, 323 So. 3d 764 , 765 (Fla. 4th DCA 2021) (“Courts may not delegate their statutory authority to determine visitation to GALs [(guardian ad litems)], attorneys, or experts.” (quoting Shugar v. Shugar, 924 So. 2d 941, 942 (Fla. 1st DCA 2006))).
cited Cited "see" Rocio Merlihan v. Daniel McWilliam Skinner, Jr.
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Subramanian v. Subramanian, 239 So. 3d 719, 721 (Fla. 4th DCA 2018) (citing Shugar v. Shugar, 924 So. 2d 941, 942 (Fla. 1st DCA 2006)).
cited Cited "see" Bencomo v. Bencomo
Haw. App. · 2006 · signal: see · confidence high
See Shugar v. Shugar, 924 So.2d 941 (Fla. 1st DCA 2006).
Retrieving the full opinion text from the archive…
Michelle C. SHUGAR, Petitioner,
v.
Joel K. SHUGAR, Respondent.
1D05-5569.
District Court of Appeal of Florida, First District.
Apr 5, 2006.
924 So. 2d 941
Per Curiam.
Cited by 7 opinions  |  Published

Robert A. Sandow, Live Oak, for Petitioner.

Joseph R. Boyd, Joseph A. Boyd, Jr., and J. Robert Boyd, Jr. of Boyd, Lindsey[*942] & Sliger, P.L., Tallahassee, for Respondent.

PER CURIAM.

Michelle C. Shugar contends in her petition for writ of certiorari that the trial court departed from the essential requirements of law by issuing three orders ruling that the guardian ad litem (GAL), appointed for the benefit of the parties' minor son, has the authority to make all decisions regarding visitation of the child with his parents. We grant the petition and remand for further proceedings.

Section 61.13, Florida Statutes (2005), sets forth the trial court's obligations when determining custody and visitation matters. Section 61.13(2)(a), provides that "[t]he court shall have jurisdiction to determine custody"; subsection (2)(b)(1) requires "[t]he court [to] determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child"; and subsection (2)(b)2.b. directs "[t]he court" to determine visitation rights of a parent when it has ordered sole parental responsibility to the other parent.[1] (Emphasis added.)

Courts may not delegate their statutory authority to determine visitation to GALs, attorneys, or experts. See, e.g., McAlister v. Shaver, 633 So.2d 494 (Fla. 5th DCA 1994); Wattles v. Wattles, 631 So.2d 349 (Fla. 5th DCA 1994); Roski v. Roski, 730 So.2d 413 (Fla. 2d DCA 1999); Scaringe v. Herrick, 711 So.2d 204 (Fla. 2d DCA 1998) (Blue, J., specially concurring). Cf. Singleton v. State, 582 So.2d 657 (Fla. 1st DCA 1991).

The petition is GRANTED.

ERVIN, PADOVANO and HAWKES, JJ., concur.

1 Section 61.403, Florida Statutes (2005), outlines the powers and authority of a GAL. It requires the GAL to work closely with the court to obtain evidence and information, and authorizes the GAL to make recommendations and reports to the court. None of the provisions authorizes the GAL to make independent decisions that are binding on the parties.