Florida Statute 61.401 - 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. 61.401

61.401 Appointment of guardian ad litem.—In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge.

History.—s. 1, ch. 90-226; s. 3, ch. 94-204; s. 123, ch. 98-403; s. 17, ch. 2008-61.

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Amendments to 61.401

Annotations, Discussions, Cases:

Cases Citing Statute 61.401

Total Results: 34

Perlow v. Berg-Perlow

875 So. 2d 383, 2004 WL 583130

Supreme Court of Florida | Filed: Mar 25, 2004 | Docket: 1683993

Cited 72 times | Published

parental responsibility, custody, or visitation. See § 61.401, Fla. Stat. (2003). In this action, the trial

Lenz v. Winburn

51 F.3d 1540, 1995 WL 243813

Court of Appeals for the Eleventh Circuit | Filed: May 12, 1995 | Docket: 64020531

Cited 32 times | Published

child, investigator or evaluator_” Fla. Stat.Ann. § 61.401 (West Supp.1995). Section 61.403 of the Florida

Attorney Ad Litem for DK v. Parents of DK

780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

protecting any privilege the minor child might have. Section 61.401, Florida Statutes (2000), clearly distinguishes

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

for hearing and appointed a GAL pursuant to section 61.401, Florida Statutes (1993). The GAL in this case

McAlister v. Shaver

633 So. 2d 494, 1994 WL 63300

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 1296403

Cited 12 times | Published

represent the child's interest in this matter. Section 61.401, Fla. Stat. (1993); see Cortina v. Cortina

Perez v. Perez

769 So. 2d 389, 1999 WL 973601

District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 1476553

Cited 7 times | Published

counsel and guardian; Standard 3.1). In fact, Section 61.401, Florida Statutes (1997) specifically provides

Amendments to the Florida Family Law Rules

713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Supreme Court of Florida | Filed: Feb 26, 1998 | Docket: 1732751

Cited 7 times | Published

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are

Perlow v. Berg-Perlow

816 So. 2d 210, 2002 WL 886399

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1567049

Cited 6 times | Published

However, we direct the trial court's attention to section 61.401, Florida Statutes (2001), should any subsequent

In Re Implementation of Committee on Privacy & Court Records Recommendations—Amendments to the Florida Rules of Civil Procedure

78 So. 3d 1045, 2011 Fla. LEXIS 3030, 2011 WL 5829543

Supreme Court of Florida | Filed: Nov 3, 2011 | Docket: 1227055

Cited 4 times | Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

810 So. 2d 1, 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932

Supreme Court of Florida | Filed: Sep 21, 2000 | Docket: 64813197

Cited 4 times | Published

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are

Boyt v. Romanow

664 So. 2d 995, 1995 WL 594348

District Court of Appeal of Florida | Filed: Oct 11, 1995 | Docket: 1655903

Cited 4 times | Published

child's guardian ad litem under the authority of section 61.401, Florida Statutes (1993). The mother challenges

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

20 So. 3d 173, 34 Fla. L. Weekly Supp. 298, 2009 Fla. LEXIS 785, 2009 WL 775400

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 60294181

Cited 3 times | Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

Amendments to Approved Family Law Forms

20 So. 3d 173

Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733

Cited 3 times | Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

TMRMC v. Petersen

920 So. 2d 75

District Court of Appeal of Florida | Filed: Jan 17, 2006 | Docket: 1730609

Cited 3 times | Published

appointment to be in the best interests of the child. § 61.401, Fla. Stat. (2004). In quiet title actions, section

Nathanson v. Nathanson

693 So. 2d 1061, 1997 WL 249123

District Court of Appeal of Florida | Filed: May 14, 1997 | Docket: 435382

Cited 2 times | Published

a dissolution action. Compare § 61.401, Fla. Stat. (1993), with § 61.401, Fla. Stat. (1995).

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

173 So. 3d 19

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 60294087

Cited 1 times | Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

Millen v. Millen

122 So. 3d 496, 2013 WL 5433533, 2013 Fla. App. LEXIS 15481

District Court of Appeal of Florida | Filed: Sep 30, 2013 | Docket: 60234707

Cited 1 times | Published

role in cases that involve minor children. Section 61.401, Florida Statutes (2010), makes it abun*498dantly

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

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

Franklin & Criscuolo v. Etter

924 So. 2d 947, 2006 Fla. App. LEXIS 4954, 2006 WL 861000

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 64843279

Cited 1 times | Published

recommendations relative to the contested parenting issues. § 61.401, Fla. Stat. (2001). The wife did not object to

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705581

Published

ensure that it complies with the rule of comity.” § 61.0401(3), Fla. Stat. (2022). “A judgment or order of

Viclena Margarita Gonzalez Carrasco v. Martin Jose Perez Jimenez

District Court of Appeal of Florida | Filed: Mar 5, 2025 | Docket: 69705580

Published

ensure that it complies with the rule of comity.” § 61.0401(3), Fla. Stat. (2022). “A judgment or order of

WHITACRE v. RAGAN

District Court of Appeal of Florida | Filed: Jun 21, 2024 | Docket: 68234666

Published

failing to appoint a guardian ad litem under section 61.401, Florida Statutes (2019) ("In such actions

YVES MOQUIN v. SYLVIE BERGERON

District Court of Appeal of Florida | Filed: May 11, 2022 | Docket: 63301696

Published

state or if the law is unjust or unreasonable.” § 61.0401(4), Fla. Stat. (2019). However, “[a] contract

PEDRO VELASQUEZ v. LESLY MENDIETA

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574092

Published

it is in the best interest of the child. See § 61.401, Fla. Stat. (2021). As such, this argument also

In Re: Amendments to Florida Family Law Rules of Procedure

214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618309

Published

the concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting

Lopez v. Perez

221 So. 3d 1204, 2016 Fla. App. LEXIS 16199, 2016 WL 6476298

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484759

Published

guardian ad litem to act as next friend of the child. § 61.401, Fla. Stat. (2016). The court also has the discretion

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

205 So. 3d 1, 40 Fla. L. Weekly Supp. 647, 2015 Fla. LEXIS 2607

Supreme Court of Florida | Filed: Nov 19, 2015 | Docket: 3014109

Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

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

173 So. 3d 19, 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088

Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644899

Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

Turnier v. Stockman

139 So. 3d 397, 2014 Fla. App. LEXIS 7708, 2014 WL 2116363

District Court of Appeal of Florida | Filed: May 21, 2014 | Docket: 60241090

Published

CONCLUSION The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require the appointment

In Re Amend. to the Fla. Family Law Forms

59 So. 3d 792

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

Published

served. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below

BAG v. Department of Children and Families

860 So. 2d 498, 2003 WL 22798366

District Court of Appeal of Florida | Filed: Nov 22, 2003 | Docket: 1511627

Published

contemplation of a further evidentiary hearing). See also § 61.401, Fla. Stat. (2002)(providing that court may appoint

In re Amendments to the Florida Family Law Rules of Procedure

717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343

Supreme Court of Florida | Filed: Jun 25, 1998 | Docket: 64782890

Published

served. For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are

Owens v. Owens

685 So. 2d 1038, 1997 Fla. App. LEXIS 127

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 64770212

Published

the children’s guardian ad litem pursuant to section 61.401, Florida Statutes (Supp.1994). A copy of the

O'Connor v. State, Department of Health & Rehabilitative Services

680 So. 2d 1137, 1996 Fla. App. LEXIS 10923, 1996 WL 592590

District Court of Appeal of Florida | Filed: Oct 16, 1996 | Docket: 64768138

Published

parental responsibility, custody, or visitation,” see § 61.401, Fla. Stat. (Supp.1994), and thus do not affect