Florida Statute 61.401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

F.S. 61.401 on Google Scholar

F.S. 61.401 on Casetext

Amendments to 61.401

Arrestable Offenses / Crimes under Fla. Stat. 61.401

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.401.

Annotations, Discussions, Cases:

Cases Citing Statute 61.401

Total Results: 20

Petro Welt Trading ges.M.B.h v. Edward Brinkmann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: form in a civil trial. See §§ 90.201, 90.202, 61.0401(3), Fla. Stat. (2022); Dufour v. State, 69 So.

WHITACRE v. RAGAN

Court: Fla. Dist. Ct. App. | Date Filed: 2024-06-21T00:00:00-07:00

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

YVES MOQUIN v. SYLVIE BERGERON

Court: Fla. Dist. Ct. App. | Date Filed: 2022-05-11T00:53:00-07:00

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

PEDRO VELASQUEZ v. LESLY MENDIETA

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-23T23:53:00-08:00

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

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

Court: Fla. | Date Filed: 2018-02-01T00:00:00-08:00

Citation: 235 So. 3d 357

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

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

Court: Fla. | Date Filed: 2018-01-31T23:53:00-08:00

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Fla. | Date Filed: 2017-03-16T00:00:00-07:00

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

Snippet: concern that this language is contrary to section 61.401, Florida Statutes (2016), and case law, noting …circumstances. As pointed out by the comment, section 61.401, Florida Statutes (2016), provides: In an

Lopez v. Perez

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-02T00:00:00-07:00

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

Snippet: 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

Court: Fla. | Date Filed: 2015-11-19T00:00:00-08:00

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

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ... … For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below…. 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

Court: Fla. | Date Filed: 2015-03-26T00:53:00-07:00

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. … For more information, you may consult sections 61.401–61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are…. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

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

Court: Fla. | Date Filed: 2015-03-26T00:00:00-07:00

Citation: 173 So. 3d 19

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes ... Order … For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

Turnier v. Stockman

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-21T00:00:00-07:00

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

Snippet: question witnesses at trial contrary to sections 61.401 and 61.403, Florida Statutes). Turning to the second…The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require the appointment…guardian ad litem where not required by section 61.401. And although a recommendation from a guardian …acknowledged the he is T.S.'s father. . Section 61.401, Florida Statutes (2013), states: In an action

Millen v. Millen

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-30T00:00:00-07:00

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

Snippet: role in cases that involve minor children. Section 61.401, Florida Statutes (2010), makes it abun*498dantly…guardian ad litem to question the witnesses. See § 61.401, Fla. Stat. (2010). See also Perez v. Perez, 769…question witnesses at trial was contrary to sections 61.401 and 61.403, reversal is not warranted because the

In re Amendments to Florida Supreme Court Approved Family Law Forms

Court: Fla. | Date Filed: 2013-09-04T00:00:00-07:00

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

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of

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

Court: Fla. | Date Filed: 2011-11-03T00:00:00-07:00

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

Snippet: For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some…. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

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

Court: Fla. | Date Filed: 2010-12-16T00:00:00-08:00

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

Snippet: designated pursuant to either section 61.20 or 61.401, Florida Statutes, or Florida Family Law Rule of… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

In Re Amend. to the Fla. Family Law Forms

Court: Fla. | Date Filed: 2010-12-15T23:53:00-08:00

Citation: 59 So. 3d 792

Amendments to Approved Family Law Forms

Court: Fla. | Date Filed: 2009-03-26T00:53:00-07:00

Citation: 20 So. 3d 173

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order.… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

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

Court: Fla. | Date Filed: 2009-03-26T00:00:00-07:00

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

Snippet: Litem Program office in your area or see sections 61.401-405, Florida Statutes. Special notes... Order..… For more information, you may consult sections 61.401-61.405, Florida Statutes. Listed below are some… For more information, you may consult sections 61.401 and 61.405, Florida Statutes. Listed below are …. For more information, you may consult section 61.401 and 61.405, Florida Statutes. Listed below are

Franklin & Criscuolo v. Etter

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-05T00:00:00-07:00

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

Snippet: recommendations relative to the contested parenting issues. § 61.401, Fla. Stat. (2001). The wife did not object to …investigator or evaluator, not as attorney or advocate.” § 61.401, Fla. Stat. When a guardian ad litem is -appointed…Committee of Florida Staff Analysis on S.B. 110 [§§ 61.401-404, Fla. Stat. (1993) ], at 2 (February 22, 1990