Florida Statute 61.403 | 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. 61.403

61.403 Guardians ad litem; powers and authority.—A guardian ad litem when appointed shall act as next friend of the child, investigator or evaluator, not as attorney or advocate but shall act in the child’s best interest. A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child, including, but not limited to, the following:

(1) The guardian ad litem may investigate the allegations of the pleadings affecting the child, and, after proper notice to interested parties to the litigation and subject to conditions set by the court, may interview the child, witnesses, or any other person having information concerning the welfare of the child.

(2) The guardian ad litem, through counsel, may petition the court for an order directed to a specified person, agency, or organization, including, but not limited to, hospitals, medical doctors, dentists, psychologists, and psychiatrists, which order directs that the guardian ad litem be allowed to inspect and copy any records and documents which relate to the minor child or to the child’s parents or other custodial persons or household members with whom the child resides. Such order shall be obtained only after notice to all parties and hearing thereon.

(3) The guardian ad litem, through counsel, may request the court to order expert examinations of the child, the child’s parents, or other interested parties in the action, by medical doctors, dentists, and other providers of health care including psychiatrists, psychologists, or other mental health professionals.

(4) The guardian ad litem may assist the court in obtaining impartial expert examinations.

(5) The guardian ad litem may address the court and make written or oral recommendations to the court. The guardian ad litem shall file a written report which may include recommendations and a statement of the wishes of the child. The report must be filed and served on all parties at least 20 days prior to the hearing at which it will be presented unless the court waives such time limit. The guardian ad litem must be provided with copies of all pleadings, notices, and other documents filed in the action and is entitled to reasonable notice before any action affecting the child is taken by either of the parties, their counsel, or the court.

(6) A guardian ad litem, acting through counsel, may file such pleadings, motions, or petitions for relief as the guardian ad litem deems appropriate or necessary in furtherance of the guardian’s function. The guardian ad litem, through counsel, is entitled to be present and to participate in all depositions, hearings, and other proceedings in the action, and, through counsel, may compel the attendance of witnesses.

(7) The duties and rights of nonattorney guardians do not include the right to practice law.

(8) The guardian ad litem shall submit his or her recommendations to the court regarding any stipulation or agreement, whether incidental, temporary, or permanent, which affects the interest or welfare of the minor child, within 10 days after the date such stipulation or agreement is served upon the guardian ad litem.

History.—s. 3, ch. 90-226; s. 5, ch. 94-204; s. 1368, ch. 95-147.

F.S. 61.403 on Google Scholar

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Amendments to 61.403

Arrestable Offenses / Crimes under Fla. Stat. 61.403

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.403.

Annotations, Discussions, Cases:

Cases Citing Statute 61.403

Total Results: 20

VERA SAPROUNOVA HOPF, COMPLETE HEALTH OF TAMPA BAY, P.A. AND INTEGRATIVE WELLNESS & BEAUTHY, INC. v. ROBERT KASZUBA, POLMED, P.A., RK CLEARWATER PROPERTIES, INC. AND BRIDGET HEPTNER

Court: Fla. Dist. Ct. App. | Date Filed: 2023-12-20T00:00:00-08:00

Snippet: and could be corrected on appeal. Section 61.403(1), Florida Statutes (2022), provides that a GAL

Bahl v. Bahl

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-09T00:00:00-08:00

Citation: 220 So. 3d 1214

Snippet: the court regarding her findings. Section 61.403(5) provides that the guardian ad litem “may address…court” and “shall file a written report.” Section 61.403(5) also contemplates that the report will be presented

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

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

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following… responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary to advance…received from any source described in section 61.403(2), Florida Statutes, as confidential and shall

Turnier v. Stockman

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

Citation: 139 So. 3d 397

Snippet: witnesses at trial contrary to sections 61.401 and 61.403, Florida Statutes). Turning to the second issue

Millen v. Millen

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

Citation: 122 So. 3d 496

Snippet: guardians do not include the right to practice law.” § 61.403(7), Fla. Stat. (2010). Additionally, any participation… trial proceedings must be “through counsel.” § 61.403(6), Fla. Stat. (2010). Examination of witnesses…witnesses at trial was contrary to sections 61.401 and 61.403, reversal is not warranted because the error was

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

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following…and responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary to advance…received from any source described in section 61.403(2), Florida Statutes, as confidential and shall

Amendments to Approved Family Law Forms

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

Citation: 20 So. 3d 173

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following…privileges, and responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary to advance…information received from any source described in section 61.403(2), Florida Statutes, as confidential and shall

Shugar v. Shugar

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

Citation: 924 So. 2d 941

Snippet: PADOVANO and HAWKES, JJ., concur. NOTES [1] Section 61.403, Florida Statutes (2005), outlines the powers and

Hughes v. Schatzberg

Court: Fla. Dist. Ct. App. | Date Filed: 2004-05-12T00:53:00-07:00

Citation: 872 So. 2d 996

Snippet: appointed a guardian ad litem pursuant to section 61.403, Florida Statutes (2002). Unfortunately, the guardian

SC v. Guardian Ad Litem

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-30T00:53:00-07:00

Citation: 845 So. 2d 953

Snippet: section 61.403 should apply to a guardian ad litem in dependency proceedings. Section 61.403(2) provides…section 61.403 have the identical underlying purpose of protecting the interests of minors. As 61.403 is the…formal petition and hearing as provided in section 61.403(2), Florida Statutes. Petitioner also sought to… production those records, described in section 61.403(2), for which a petition and hearing would have…primary contention that, as a matter of law, section 61.403, Florida Statutes, applies to chapter 39 proceedings

Carberry v. Carberry

Court: Fla. Dist. Ct. App. | Date Filed: 2002-11-13T00:00:00-08:00

Citation: 830 So. 2d 246

Snippet: unsworn motion for change of custody, see section 61.403(6), Florida Statutes (2001) (requiring a guardian

O'Neill v. O'Neill

Court: Fla. Dist. Ct. App. | Date Filed: 2002-02-22T00:00:00-08:00

Citation: 812 So. 2d 448

Snippet: Both the order appointing Ms. Palmer and section 61.403, Florida Statutes (1997), *452set forth activities

Mc v. Dept. of Children and Family Serv.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-20T23:53:00-08:00

Citation: 814 So. 2d 449

Snippet: Roski v. Roski, 730 So.2d 413 (Fla. 2d DCA 1999); § 61.403, Fla. Stat. (1997); see also Perez v. Perez, 769

Muniz v. Muniz

Court: Fla. Dist. Ct. App. | Date Filed: 2001-03-27T23:53:00-08:00

Citation: 789 So. 2d 370

Snippet: an expert nor a judicial officer, see §§ 61.401, 61.403, Fla. Stat. (1999); Simms v. Department of Health

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-04T23:53:00-08:00

Citation: 774 So. 2d 903

Snippet: discharge; this authority resides with DEP. See §§ 403.061, 403.064(1), Fla.Stat. (1995). Such a feasibility study

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

Court: Fla. | Date Filed: 2000-09-21T00:00:00-07:00

Citation: 810 So. 2d 1

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1.The following …privileges, and responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary to advance…information received from any source described in section 61.403(2), Florida Statutes, as confidential and shall

Perez v. Perez

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-27T00:00:00-07:00

Citation: 769 So. 2d 389

Snippet: and making recommendations to the court. See § 61.403 Fla. Stat. (1997). However, the duties and responsibilities… not as attorney or advocate." See also, § 61.403 Fla. Stat. (1997). And so we come to the crux of…#x27;s Law Dictionary 70 (6th ed.1990). Section 61.403 delineates the Guardian's powers and authority…prohibition against Guardians acting as advocates. See § 61.403 Fla. Stat. (1997); Scaringe v. Herrick, 711 So.2d…child. As relevant to the issues before us, section 61.403, Florida Statutes (Supp.1990), stated: Guardians

Roski v. Roski

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-23T00:53:00-07:00

Citation: 730 So. 2d 413

Snippet: We repeat the warning that, pursuant to section 61.403, guardians shall not act as advocates. We strongly

Scaringe v. Herrick

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-20T00:00:00-07:00

Citation: 711 So. 2d 204

Snippet: and authority of guardians ad litem is section 61.403, Florida Statutes (1995). Subsection (5) of that…contained in the Florida Evidence Code apply to section 61.403. Accordingly, when a guardian attempts to testify…child and in the child's best interest. See § 61.403. However, the statute also states that the guardian…guardian shall not act as an advocate. See § 61.403. The art of advocacy is solely within the domain of …statute pertaining to guardians ad litem. See § 61.403. We do not minimize the importance of the role

Amendments to the Florida Family Law Rules

Court: Fla. | Date Filed: 1998-02-25T23:53:00-08:00

Citation: 713 So. 2d 1

Snippet: , and responsibilities authorized in section 61.403, Florida Statutes, and state: 1. The following… and responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary…received from any source described in section 61.403(2), Florida Statutes, as confidential and shall