Florida Statute 61.122 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

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F.S. 61.122

61.122 Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to parent’s filing suit; award of fees, costs, reimbursement.—

(1) A psychologist who has been appointed by the court to develop a parenting plan recommendation in a dissolution of marriage, a case of domestic violence, or a paternity matter involving the relationship of a child and a parent, including time-sharing of children, is presumed to be acting in good faith if the psychologist’s recommendation has been reached under standards that a reasonable psychologist would use to develop a parenting plan recommendation.

(2) An administrative complaint against a court-appointed psychologist which relates to a parenting plan recommendation conducted by the psychologist may not be filed anonymously. The individual who files an administrative complaint must include in the complaint his or her name, address, and telephone number.

(3) A parent who desires to file a legal action against a court-appointed psychologist who has acted in good faith in developing a parenting plan recommendation must petition the judge who presided over the dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, to appoint another psychologist. Upon the parent’s showing of good cause, the court shall appoint another psychologist. The court shall determine who is responsible for all court costs and attorney’s fees associated with making such an appointment.

(4) If a legal action, whether it be a civil action, a criminal action, or an administrative proceeding, is filed against a court-appointed psychologist in a dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, the claimant is responsible for all reasonable costs and reasonable attorney’s fees associated with the action for both parties if the psychologist is held not liable. If the psychologist is held liable in civil court, the psychologist must pay all reasonable costs and reasonable attorney’s fees for the claimant.

History.—s. 1, ch. 2003-112; s. 7, ch. 2008-61; s. 4, ch. 2009-21.

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Amendments to 61.122

Arrestable Offenses / Crimes under Fla. Stat. 61.122

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.122.

Annotations, Discussions, Cases:

Cases Citing Statute 61.122

Total Results: 6

ROBERTO ESTAPE v. STANLEY B. SEIDMAN, PH.D. and STANLEY B. SEIDMAN PH.D., P.A.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Citation: 269 So. 3d 565

Snippet: marriage proceedings. For instance, under section 61.122, Florida Statutes (2012), regarding the establishment

Lori A. Ford v. Michael Withers Ford

Court: District Court of Appeal of Florida | Date Filed: 2014-11-26

Citation: 153 So. 3d 315, 2014 Fla. App. LEXIS 19525

Snippet: 61.001, and 61.13(2), (3), I also submit section 61.122, Florida Statutes (2012), lends support to the

Fontanez v. PARENTERAL THERAPY ASSOCIATES

Court: District Court of Appeal of Florida | Date Filed: 2007-12-28

Citation: 974 So. 2d 1101, 2007 WL 4545879

Snippet: v. Western States Med. Ctr., 535 U.S. 357, 360-61, 122 S.Ct. 1497, 152 L.Ed.2d 563 (2002).[2] When a pharmacist

State v. Elkin

Court: District Court of Appeal of Florida | Date Filed: 1992-02-11

Citation: 595 So. 2d 119, 1992 WL 25681

Snippet: (Fla. 3d DCA 1988); Moore v. State, 530 So.2d 61 *122 (Fla. 1st DCA 1988); Fagan v. State, 425 So.2d

James A. Cummings, Inc. v. Young

Court: District Court of Appeal of Florida | Date Filed: 1991-10-29

Citation: 589 So. 2d 950, 1991 WL 217850

Snippet: Cummings filed a surety bond in the amount of $61,122.00, releasing Young's lien. Thereafter, Young filed

Austin v. Howe

Court: District Court of Appeal of Florida | Date Filed: 1961-05-05

Citation: 129 So. 2d 723, 1961 Fla. App. LEXIS 3180

Snippet: PER CURIAM. Appeal dismissed.