Florida Statute 61.20 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING

View Entire Chapter

F.S. 61.20

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.

F.S. 61.20 on Google Scholar

F.S. 61.20 on CourtListener

Amendments to 61.20

Annotations, Discussions, Cases:

Cases Citing Statute 61.20

Total Results: 47

Kern v. Kern

333 So. 2d 17

Supreme Court of Florida | Filed: May 26, 1976 | Docket: 1291070

Cited 16 times | Published

Court with jurisdiction merits discussion. *19 Section 61.20, Florida Statutes, reads as follows: "Social

Miller v. Miller

671 So. 2d 849, 1996 WL 170191

District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1248040

Cited 12 times | Published

recommendation utilized by the trial court pursuant to section 61.20, Florida Statutes, contemplated that the preparer

Gordon v. Smith

615 So. 2d 843, 1993 WL 74295

District Court of Appeal of Florida | Filed: Mar 17, 1993 | Docket: 410705

Cited 12 times | Published

section 61.13 supplies the relevancy, then section 61.20, Florida Statutes (1991), furnishes the specific

Russenberger v. Russenberger

639 So. 2d 963

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1712709

Cited 11 times | Published

A trial judge also has the discretion under section 61.20, Florida Statutes (1993), to order a psychological

Scaringe v. Herrick

711 So. 2d 204, 1998 WL 250568

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337331

Cited 10 times | Published

counsel or the pro se litigant. We recognize that section 61.20, Florida Statutes (1995), allows the trial court

Leonard v. Leonard

673 So. 2d 97, 1996 WL 225708

District Court of Appeal of Florida | Filed: May 7, 1996 | Docket: 1246199

Cited 10 times | Published

social investigation of the wife, pursuant to section 61.20, Florida Statutes (1993), requesting that the

Zarzaur v. Zarzaur

213 So. 3d 1115, 2017 WL 1134816, 2017 Fla. App. LEXIS 3977

District Court of Appeal of Florida | Filed: Mar 27, 2017 | Docket: 60263449

Cited 7 times | Published

independent psychological evaluations pursuant to section 61.20 of the Florida Statutes.2 The trial court appointed

Robinson v. Robinson

713 So. 2d 437, 1998 WL 288406

District Court of Appeal of Florida | Filed: Jun 5, 1998 | Docket: 2391076

Cited 6 times | Published

psychotherapist pursuant to section 61.20, Florida Statutes (1995). Section 61.20 provides in relevant part:

Leinenbach v. Leinenbach

634 So. 2d 252, 1994 WL 98939

District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 1737911

Cited 6 times | Published

or recommendations contained in the report. See § 61.20, Fla. Stat. (1991); Kern v. Kern, 333 So.2d 17

Landers v. Landers

429 So. 2d 27

District Court of Appeal of Florida | Filed: Mar 2, 1983 | Docket: 1221465

Cited 6 times | Published

to conduct the investigation authorized by section 61.20, Florida Statutes.[1] Appellant contends that

Baird v. Baird

374 So. 2d 60

District Court of Appeal of Florida | Filed: Jul 24, 1979 | Docket: 430709

Cited 6 times | Published

addition, the order provided that pursuant to Section 61.20, Florida Statutes (1977), the Department of

Elliott v. Weyman

337 So. 2d 832

District Court of Appeal of Florida | Filed: Sep 28, 1976 | Docket: 1414309

Cited 5 times | Published

court below did not err in dismissing Count 2. Section 61.20, Florida Statutes (1975), provides in part:

Goodman v. Goodman

291 So. 2d 106

District Court of Appeal of Florida | Filed: Mar 12, 1974 | Docket: 1704704

Cited 5 times | Published

expert credentials. We also note that Fla. Stat. § 61.20, F.S.A. empowers the court to order social investigations

Solomon v. Solomon

221 So. 3d 652, 2017 WL 2457248, 2017 Fla. App. LEXIS 8300

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 60268323

Cited 4 times | Published

determining the new timesharing schedule. See § 61.20(1), Fla. Stat. (2014). Affirmed in part, reversed

Haley v. Edwards

233 So. 2d 647

District Court of Appeal of Florida | Filed: Mar 25, 1970 | Docket: 1767375

Cited 4 times | Published

that an order be entered as contemplated by Section 61.20, F.S. 1967, F.S.A.[1] Counsel for the parties

Crifaci v. Crifaci

626 So. 2d 287, 1993 WL 444886

District Court of Appeal of Florida | Filed: Nov 3, 1993 | Docket: 1685022

Cited 3 times | Published

agreed to a social investigation pursuant to section 61.20, Florida Statutes (1991). A calendar call was

J.D.C. v. M.E.H.

118 So. 3d 933, 2013 WL 4005474, 2013 Fla. App. LEXIS 12323

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60233486

Cited 2 times | Published

recommendations in making a decision on the parenting plan. § 61.20(1), Fla. Stat. (2010). But that section contains

Hastings v. Rigsbee

875 So. 2d 772, 2004 WL 1389114

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 1683975

Cited 2 times | Published

parenting coordinators. We also recognize that section 61.20, Florida Statutes (2003), authorizes a trial

Allen v. Childress

448 So. 2d 1220

District Court of Appeal of Florida | Filed: Apr 25, 1984 | Docket: 1523133

Cited 2 times | Published

even though it was based on hearsay because Section 61.20, Florida Statutes (1983), permits it. This statute

Oldham v. Greene

263 So. 3d 807

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64703347

Cited 1 times | Published

Social Investigation of Father" pursuant to " section 61.20, Florida Statutes ; and rule 12.360, Florida

Oldham v. Greene

263 So. 3d 807

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64703346

Cited 1 times | Published

Social Investigation of Father" pursuant to " section 61.20, Florida Statutes ; and rule 12.360, Florida

In re Amendments to Florida Supreme Court Approved Family Law Forms

122 So. 3d 320, 38 Fla. L. Weekly Supp. 617, 2013 WL 4734603, 2013 Fla. LEXIS 1892

Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234662

Cited 1 times | Published

professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family

In re Amendments to the Florida Supreme Court Approved Family Law Forms

59 So. 3d 792, 35 Fla. L. Weekly Supp. 734, 2010 Fla. LEXIS 2116, 2010 WL 5129227

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 60299743

Cited 1 times | Published

professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family

Higginbotham v. Higginbotham

857 So. 2d 341, 2003 WL 22358017

District Court of Appeal of Florida | Filed: Oct 17, 2003 | Docket: 1759317

Cited 1 times | Published

perform a parenting assessment, pursuant to section 61.20, Florida Statutes (2002). See Fla. Fam. L.R

AMAL CRANE v. MATTHEW HARRISON CRANE

District Court of Appeal of Florida | Filed: Jan 11, 2023 | Docket: 66713637

Published

social investigation as authorized pursuant to section 61.20 of the Florida Statutes. Also on August 28

Philip P. Oldham v. Hillary E. Greene

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455141

Published

Social Investigation of Father” pursuant to “section 61.20, Florida Statues; and rule 12.360, Florida Family

In re Amendments to the Florida Supreme Court Approved Family Law Forms—Nomenclature

235 So. 3d 357

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 60294212

Published

professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - Nomenclature

235 So. 3d 357

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289808

Published

professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family

Jonathan Samuel Bailey v. Kathy Michelle Bailey

176 So. 3d 344, 2015 Fla. App. LEXIS 13505, 2015 WL 5245134

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757135

Published

718 So.2d 867, 868 (Fla. 4th DCA 1998); § 61.20(1), Fla. Stat. (2014). Granted in part;

In re Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 60294020

Published

specifically address social investigations under section 61.20, Florida Statutes (2014). New rule 12.364 *302provides

In Re: Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301, 39 Fla. L. Weekly Supp. 774, 2014 Fla. LEXIS 3779, 2014 WL 7212609

Supreme Court of Florida | Filed: Dec 18, 2014 | Docket: 2616693

Published

specifically address social investigations under section 61.20, Florida Statutes (2014). New rule 12.364 provides

Carrillo-Jimenez v. Carrillo

110 So. 3d 490, 2013 WL 1136319, 2013 Fla. App. LEXIS 4434

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230318

Published

dissolution of marriage proceedings below. See § 61.20(1), Fla. Stat. (2010). He alleges that in preparation

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433

Published

professional designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family

King v. Jordan

850 So. 2d 645, 2003 WL 21713719

District Court of Appeal of Florida | Filed: Jul 25, 2003 | Docket: 1783484

Published

ordered a social investigation pursuant to section 61.20, Florida Statutes (2000). The social investigator

Joye v. Jones

789 So. 2d 508, 2001 Fla. App. LEXIS 9709, 2001 WL 788501

District Court of Appeal of Florida | Filed: Jul 13, 2001 | Docket: 64806717

Published

then it must make findings in accordance with section 61.20(2)(b), Florida Statutes (1997); Smith v. Smith

Martin v. Martin

734 So. 2d 1133, 1999 WL 333107

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 1442826

Published

disregarding the custody evaluator's recommendations, section 61.20(1), Florida Statutes (1997), which allows for

Gombert v. Gombert

727 So. 2d 355, 1999 Fla. App. LEXIS 2197, 1999 WL 89881

District Court of Appeal of Florida | Filed: Feb 24, 1999 | Docket: 64786496

Published

evidence do not exclude the study from consideration. § 61.20(1), Fla. Stat. (1995) (emphasis added); see also

Arthur v. Anderson

681 So. 2d 796, 1996 Fla. App. LEXIS 10292, 1996 WL 557745

District Court of Appeal of Florida | Filed: Oct 2, 1996 | Docket: 64768426

Published

509 So.2d 401 (Fla. 5th DCA 1987), and under section 61.20, Florida Statutes (1995), the court was permitted

Pollow v. Pollow

674 So. 2d 919, 1996 Fla. App. LEXIS 5926, 1996 WL 295052

District Court of Appeal of Florida | Filed: Jun 5, 1996 | Docket: 64765089

Published

to pay two doctors’ bills on presentment. As section 61.20, Florida Stat*920utes, provides for the submission

Valliere v. Valliere

657 So. 2d 68, 1995 Fla. App. LEXIS 7496, 1995 WL 407461

District Court of Appeal of Florida | Filed: Jul 12, 1995 | Docket: 64757529

Published

Should appellant be deemed indigent pursuant to section 61.20, Florida Statutes (1993), the trial court shall

Warner v. Walker

500 So. 2d 645, 12 Fla. L. Weekly 146, 1986 Fla. App. LEXIS 11618

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624263

Published

children of very tender years. We believe that section 61.20, Florida Statutes (1985), in providing for an

Finn v. Finn

414 So. 2d 1149, 1982 Fla. App. LEXIS 20246

District Court of Appeal of Florida | Filed: Jun 8, 1982 | Docket: 64590430

Published

(Fla.1976) [where the constitutionality of Section 61.20, Florida Statutes (1971) was upheld] to hold

Anderson v. Anderson

386 So. 2d 59, 1980 Fla. App. LEXIS 16805

District Court of Appeal of Florida | Filed: Jul 25, 1980 | Docket: 64577441

Published

reports were stipulated into evidence pursuant to Section 61.20, Florida Statutes (1977). After hearing testimony

Hill v. Hill

371 So. 2d 573, 1979 Fla. App. LEXIS 15123

District Court of Appeal of Florida | Filed: Jun 1, 1979 | Docket: 64570411

Published

dissolution of marriage proceeding pursuant to § 61.20, Florida Statutes. Nothing in that statute requires

Kern v. Kern

311 So. 2d 130, 1975 Fla. App. LEXIS 13865

District Court of Appeal of Florida | Filed: Apr 18, 1975 | Docket: 64545747

Published

C. J., and BOARD-MAN, J., concur. . See F.S. § 61.20; McGuire v. McGuire, Fla.App.2d 1962, 140 So.2d

Green v. Green

307 So. 2d 246, 1975 Fla. App. LEXIS 14607

District Court of Appeal of Florida | Filed: Jan 10, 1975 | Docket: 64544071

Published

party had access to the report or its content. Section 61.20, F.S., would appear to authorize the court to

Adams v. Sun Gold Septic Tank, Inc.

272 So. 2d 499, 1972 Fla. LEXIS 3048

Supreme Court of Florida | Filed: Dec 20, 1972 | Docket: 64530083

Published

1970); Larson’s Workmen’s Comp. Law, Vol. II, § 61.20 (p. 88.266). The inherent cause of the disability