61.20
Social investigation and recommendations regarding a parenting plan.
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61.20 Social investigation and recommendations regarding a parenting plan.—
(1) In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. The agency, staff, or person conducting the investigation and study ordered by the court pursuant to this section shall furnish the court and all parties of record in the proceeding a written study containing recommendations, including a written statement of facts found in the social investigation on which the recommendations are based. The court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
(2) A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491. If a certification of indigence based on an affidavit filed with the court pursuant to s. 57.081 is provided by an adult party to the proceeding and the court does not have qualified staff to perform the investigation and study, the court may request that the Department of Children and Families conduct the investigation and study.
(3) Except as to persons who obtain certification of indigence as specified in subsection (2), for whom no costs are incurred, the parents involved in a proceeding to determine a parenting plan where the court has ordered the performance of a social investigation and study are responsible for paying the costs of the investigation and study. Upon submitting the study to the court, the agency, staff, or person performing the study shall include a bill for services, which shall be taxed and ordered paid as costs in the proceeding.
History.—s. 1, ch. 59-186; s. 16, ch. 67-254; ss. 19, 35, ch. 69-106; s. 12, ch. 77-147; s. 27, ch. 77-433; s. 1, ch. 86-101; s. 1, ch. 89-38; s. 4, ch. 99-8; s. 14, ch. 2008-61; s. 6, ch. 2009-180; s. 23, ch. 2014-19.
Note.—Former s. 65.21.
Notes of Decisions
Cited in 47
cases (1 in the last 5 years), 1970–2023 · leading case: Kern v. Kern
Kern v. Kern (1976)
“*19 Section 61.20, Florida Statutes, reads as follows: " Social investigation and recommendations when child custody is in issue.”
Russenberger v. Russenberger (1994)
“A trial judge also has the discretion under section 61.20, Florida Statutes (1993), to order a psychological examination of a child as part of a social investigation.”
Zarzaur v. Zarzaur (2017)
“Both parties consented to independent psychological evaluations pursuant to section 61.20 of the Florida Statutes. 2 The trial court appointed an independent psychologist, who obtained medical/psychological and counseling records, interviewed Wife and Husband separately,…”
Oldham v. Greene (2018)
“About a month later, Mother filed a "Motion for Social Investigation of Father" pursuant to " section 61.20, Florida Statutes ; and rule 12.”
Landers v. Landers (1983)
“See § 61.20, Fla. Stat. (1981). Section 61.20 requires the Department to furnish the court with its recommendation along with a written statement of facts found in its social investigation on which its recommendations were based.”
Gordon v. Smith (1993)
“13 supplies the relevancy, then section 61.20, Florida Statutes (1991), furnishes the specific tool.”
Robinson v. Robinson (1998)
“§ 61.20, Fla. Stat. (1995). In Kern v. Kern, 333 So.”
Miller v. Miller (1996)
“The Florida Supreme Court, addressing a report which dealt with a social investigation and recommendation utilized by the trial court pursuant to section 61.20, Florida Statutes, contemplated that the preparer of such a report could be called as a witness.”
Hastings v. Rigsbee (2004)
“We also recognize that section 61.20, Florida Statutes (2003), authorizes a trial court to order a "social study and investigation" in cases where child custody is in issue and that Florida Family Law Rule of Procedure 12.”
Scaringe v. Herrick (1998)
“We recognize that section 61.20, Florida Statutes (1995), allows the trial court to consider social investigations and studies in child custody matters without regard to the rules of evidence.”
Solomon v. Solomon (2017)
“See § 61.20(1), Fla. Stat. (2014). Affirmed in part, reversed in part, and remanded Gross and Kuntz, JJ.”
Crifaci v. Crifaci (1993)
“On June 11, 1992, the parties agreed to a social investigation pursuant to section 61.20, Florida Statutes (1991). A calendar call was scheduled for June 16, 1992, which the wife's counsel did not attend.”
— 61.20(1) — 8 cases
Zarzaur v. Zarzaur (2017)
“Both parties consented to independent psychological evaluations pursuant to section 61.20 of the Florida Statutes. 2 The trial court appointed an independent psychologist, who obtained medical/psychological and counseling records, interviewed Wife and Husband separately,…”
Solomon v. Solomon (2017)
“See § 61.20(1), Fla. Stat. (2014). Affirmed in part, reversed in part, and remanded Gross and Kuntz, JJ.”
J.D.C. v. M.E.H. (2013)
— 61.20(2) — 2 cases
Russenberger v. Russenberger (1994)
“A trial judge also has the discretion under section 61.20, Florida Statutes (1993), to order a psychological examination of a child as part of a social investigation.”
Scaringe v. Herrick (1998)
“We recognize that section 61.20, Florida Statutes (1995), allows the trial court to consider social investigations and studies in child custody matters without regard to the rules of evidence.”
— 61.20(2)(b) — 1 case
Joye v. Jones (2001)
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