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.

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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: District Court of Appeal of Florida | Date Filed: 2023-12-20

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

Bahl v. Bahl

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 220 So. 3d 1214, 2016 Fla. App. LEXIS 18179, 2016 WL 7174169

Snippet: the court regarding her findings. Section 61.403(5) provides that the guardian ad litem “may address

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

Court: Supreme Court of Florida | Date Filed: 2015-03-26

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

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following

Turnier v. Stockman

Court: District Court of Appeal of Florida | Date Filed: 2014-05-21

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

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

Millen v. Millen

Court: District Court of Appeal of Florida | Date Filed: 2013-09-30

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

Snippet: guardians do not include the right to practice law.” § 61.403(7), Fla. Stat. (2010). Additionally, any participation

In Re Amend. to the Fla. Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2010-12-16

Citation: 59 So. 3d 792

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following

Amendments to Approved Family Law Forms

Court: Supreme Court of Florida | Date Filed: 2009-03-26

Citation: 20 So. 3d 173

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1. The following

Shugar v. Shugar

Court: District Court of Appeal of Florida | Date Filed: 2006-04-05

Citation: 924 So. 2d 941, 2006 WL 859200

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

Hughes v. Schatzberg

Court: District Court of Appeal of Florida | Date Filed: 2004-05-12

Citation: 872 So. 2d 996, 2004 WL 1057816

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

SC v. Guardian Ad Litem

Court: District Court of Appeal of Florida | Date Filed: 2003-04-30

Citation: 845 So. 2d 953, 2003 WL 1970335

Snippet: formal petition and hearing as provided in section 61.403(2), Florida Statutes. Petitioner also sought to

Carberry v. Carberry

Court: District Court of Appeal of Florida | Date Filed: 2002-11-13

Citation: 830 So. 2d 246, 2002 Fla. App. LEXIS 16857, 2002 WL 31509846

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

O'Neill v. O'Neill

Court: District Court of Appeal of Florida | Date Filed: 2002-02-22

Citation: 812 So. 2d 448, 2002 Fla. App. LEXIS 1971, 2002 WL 246675

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: District Court of Appeal of Florida | Date Filed: 2001-11-21

Citation: 814 So. 2d 449, 2001 Fla. App. LEXIS 16374

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: District Court of Appeal of Florida | Date Filed: 2001-03-28

Citation: 789 So. 2d 370, 2001 WL 293088

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: District Court of Appeal of Florida | Date Filed: 2001-01-05

Citation: 774 So. 2d 903, 2001 WL 10391

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: Supreme Court of Florida | Date Filed: 2000-09-21

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

Snippet: privileges, and responsibilities authorized in section 61.403, Florida Statutes, and states: 1.The following

Perez v. Perez

Court: District Court of Appeal of Florida | Date Filed: 1999-10-27

Citation: 769 So. 2d 389, 1999 WL 973601

Snippet: and making recommendations to the court. See § 61.403 Fla. Stat. (1997). However, the duties and responsibilities

Roski v. Roski

Court: District Court of Appeal of Florida | Date Filed: 1999-04-23

Citation: 730 So. 2d 413, 1999 WL 234682

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

Scaringe v. Herrick

Court: District Court of Appeal of Florida | Date Filed: 1998-05-20

Citation: 711 So. 2d 204, 1998 WL 250568

Snippet: and authority of guardians ad litem is section 61.403, Florida Statutes (1995). Subsection (5) of that

Amendments to the Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 1998-02-26

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

Snippet: and responsibilities authorized in section 61.403, Florida Statutes, and state: 1. The following