61.401
Appointment of guardian ad litem.
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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.
Notes of Decisions
Cited in 35
cases (2 in the last 5 years), 1991–2024 · leading case: Perez v. Perez
Perez v. Perez (1999)
“(amending § 61.401, Fla. Stat. (1993))(emphasis added).”
In Re: Amendments to Florida Family Law Rules of Procedure (2017)
“” A comment filed pertaining to this proposal raised the concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting that in some circumstances, appointment of a guardian ad litem is mandatory.”
Perlow v. Berg-Perlow (2004)
“See § 61.401, Fla. Stat. (2003). In this action, the trial court was not required to strictly follow the procedures governing the termination of parental rights under chapter 39 of the Florida Statutes because the instant action involved a dissolution of marriage, but the trial…”
Attorney Ad Litem for DK v. Parents of DK (2001)
“Section 61.401, Florida Statutes (2000), clearly distinguishes between guardians ad litem and legal counsel for the child.”
Franklin & Criscuolo v. Etter (2006)
“§ 61.401, Fla. Stat. (2001). The wife did not object to Etter’s appointment.”
McAlister v. Shaver (1994)
“§ 61.401, Fla. Stat. (1993). To determine the emotional or psychological impact, a child psychologist and/or psychiatrist will probably need to be appointed.”
Millen v. Millen (2013)
“See § 61.401, Fla. Stat. (2010). See also Perez v.”
Perlow v. Berg-Perlow (2002)
“However, we direct the trial court's attention to section 61.401, Florida Statutes (2001), should any subsequent proceedings occur pertaining to the custody and visitation rights of the parties with the minor child.”
Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (2000)
“For more information, you may consult section 61.401-61.405, Florida Statutes. Listed below are some terms with which you should become familiar before completing your petition.”
Miller v. Miller (1996)
“The trial *851 court scheduled the motion for hearing and appointed a GAL pursuant to section 61.401, Florida Statutes (1993). The GAL in this case was a member of the Florida Bar.”
Turnier v. Stockman (2014)
“CONCLUSION The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require the appointment of a guardian ad litem in such unique circumstances as the one presented here.”
Nathanson v. Nathanson (1997)
“Compare § 61.401, Fla. Stat. (1993), with § 61.401, Fla.”
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