|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 61.40361.403 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.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 61.403
Total Results: 26
51 F.3d 1540, 1995 WL 243813
Court of Appeals for the Eleventh Circuit | Filed: May 12, 1995 | Docket: 64020531
Cited 32 times | Published
evaluator_” Fla. Stat.Ann. § 61.401 (West Supp.1995). Section 61.403 of the Florida Statutes provides a nonexclusive
663 So. 2d 1049, 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
Supreme Court of Florida | Filed: Nov 22, 1995 | Docket: 1313670
Cited 15 times | Published
guardian ad litem is authorized, pursuant to section 61.403(2),
Florida Statutes, to inspect and copy any
671 So. 2d 849, 1996 WL 170191
District Court of Appeal of Florida | Filed: Apr 12, 1996 | Docket: 1248040
Cited 12 times | Published
actively in the trial of a change of custody case, section 61.403(6), Florida Statutes (1993), but the failure
711 So. 2d 204, 1998 WL 250568
District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337331
Cited 10 times | Published
powers and authority of guardians ad litem is section 61.403, Florida Statutes (1995). Subsection (5) of
769 So. 2d 389, 1999 WL 973601
District Court of Appeal of Florida | Filed: Oct 27, 1999 | Docket: 1476553
Cited 7 times | Published
examinations and making recommendations to the court. See § 61.403 Fla. Stat. (1997). However, the duties and responsibilities
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
privileges, and responsibilities authorized in
section 61.403, Florida Statutes, and state:
1. The following
924 So. 2d 941, 2006 WL 859200
District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 2551155
Cited 6 times | Published
PADOVANO and HAWKES, JJ., concur.
NOTES
[1] Section 61.403, Florida Statutes (2005), outlines the powers
814 So. 2d 449, 2001 Fla. App. LEXIS 16374
District Court of Appeal of Florida | Filed: Nov 21, 2001 | Docket: 1368703
Cited 6 times | Published
Roski v. Roski, 730 So.2d 413 (Fla. 2d DCA 1999); § 61.403, Fla. Stat. (1997); see also Perez v. Perez, 769
634 So. 2d 252, 1994 WL 98939
District Court of Appeal of Florida | Filed: Mar 25, 1994 | Docket: 1737911
Cited 6 times | Published
pursuant to section 61.403, Florida Statutes (1991). We disagree. Indeed, section 61.403(5) contemplates
730 So. 2d 413, 1999 WL 234682
District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 1755194
Cited 5 times | Published
1998). We repeat the warning that, pursuant to section 61.403, guardians shall not act as advocates. We strongly
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
privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states:
1.The following
20 So. 3d 173
Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 751733
Cited 3 times | Published
privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states:
1. The following
655 So. 2d 1251
District Court of Appeal of Florida | Filed: May 31, 1995 | Docket: 1696950
Cited 3 times | Published
counsel or as directed by the court." *1253 Section 61.403(2), in turn, describes the following sources:
627 So. 2d 1203, 1993 WL 492532
District Court of Appeal of Florida | Filed: Dec 1, 1993 | Docket: 1752905
Cited 3 times | Published
circumstances presented by the facts of this case.
Section 61.403, Florida Statutes (1991), provides that guardians
872 So. 2d 996, 2004 WL 1057816
District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1706744
Cited 2 times | Published
was appointed a guardian ad litem pursuant to section 61.403, Florida Statutes (2002). Unfortunately, the
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
guardians do not include the right to practice law.” § 61.403(7), Fla. Stat. (2010). Additionally, any participation
District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68024819
Published
curable and could be
corrected on appeal.
Section 61.403(1), Florida Statutes (2022), provides that
220 So. 3d 1214, 2016 Fla. App. LEXIS 18179, 2016 WL 7174169
District Court of Appeal of Florida | Filed: Dec 9, 2016 | Docket: 4550691
Published
before the court regarding her findings.
Section 61.403(5) provides that the guardian ad litem “may
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
privileges, and responsibilities authorized in section 61.403, Florida Statutes,
and states:
1. The following
59 So. 3d 792
Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433
Published
privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states:
1. The following
59 So. 3d 792
Supreme Court of Florida | Filed: Dec 16, 2010 | Docket: 2361433
Published
privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states:
1. The following
845 So. 2d 953, 2003 WL 1970335
District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 1432702
Published
formal petition and hearing as provided in section 61.403(2), Florida Statutes. Petitioner also sought
830 So. 2d 246, 2002 Fla. App. LEXIS 16857, 2002 WL 31509846
District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 64818966
Published
guardian’s unsworn motion for change of custody, see section 61.403(6), Florida Statutes (2001) (requiring a guardian
812 So. 2d 448, 2002 Fla. App. LEXIS 1971, 2002 WL 246675
District Court of Appeal of Florida | Filed: Feb 22, 2002 | Docket: 64813861
Published
paid.
Both the order appointing Ms. Palmer and section 61.403, Florida Statutes (1997), *452set forth activities
685 So. 2d 1038, 1997 Fla. App. LEXIS 127
District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 64770212
Published
because his written report was mandatory under section 61.403(5), Florida Statutes (Supp.1994), and, as a
622 So. 2d 538, 1993 Fla. App. LEXIS 7893, 1993 WL 281073
District Court of Appeal of Florida | Filed: Jul 28, 1993 | Docket: 64698139
Published
circumstances presented by the facts of this case.
Section 61.403, Florida Statutes (1991), provides that guardians
