Florida Statutes

Fla. Stat. § 61.403 (2025)

Guardians ad litem; powers and authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1993–2023 · leading case: Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000).

Sort: Relevance Newest Treatment

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). · cites it 6× “MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM *292 ( ) Petitioner ( ) Respondent requests that the Court enter an order appointing a guardian ad…”

Perez v. Perez, 769 So. 2d 389 (Fla. 3d DCA 1999). · cites it 12× “See § 61.403 Fla. Stat. (1997). However, the duties and responsibilities of a guardian ad litem are not coextensive with those of an attorney.”

Scaringe v. Herrick, 711 So. 2d 204 (Fla. 2d DCA 1998). · cites it 6× “The statute controlling the powers and authority of guardians ad litem is section 61.403, Florida Statutes (1995). Subsection (5) of that statute mandates that the guardian file a written report.”

Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998). · cites it 6× “MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM ( ) Petitioner ( ) Respondent requests that the court enter an order appointing a guardian ad litem with all powers, privileges, and responsibilities authorized in section 61.403, Florida Statutes, and state: 1.”

SC v. Guardian Ad Litem, 845 So. 2d 953 (Fla. 4th DCA 2003). · cites it 14× “As to whether the trial court departed from the essential requirements of law in denying injunctive or protective order relief, we need not rely upon Petitioner's primary contention that, as a matter of law, section 61.403, Florida Statutes, applies to chapter 39 proceedings,…”

Millen v. Millen, 122 So. 3d 496 (Fla. 3d DCA 2013). · cites it 4× “” § 61.403(6), Fla. Stat. (2010). Examination of witnesses constitutes the practice of law and is a function reserved for licensed attorneys.”

In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). · cites it 2× “Such order shall be obtained only after notice to all parties and hearing thereon; provided, however, that upon presentation of this order to the appropriate person or office, the guardian ad litem is authorized, pursuant to section 61.403(2), Florida Statutes, to inspect and…”

Shienvold v. Habie, 627 So. 2d 1203 (Fla. 4th DCA 1993). · cites it 4× “Section 61.403, Florida Statutes (1991), provides that guardians ad litem appointed to represent the best interests of children in dissolution actions "shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child.”

Mc v. Dept. of Child. & Fam. Serv., 814 So. 2d 449 (Fla. 4th DCA 2001). · cites it 2× “2d DCA 1999); § 61.403, Fla. Stat. (1997); see also Perez v.”

Leinenbach v. Leinenbach, 634 So. 2d 252 (Fla. 2d DCA 1994). · cites it 3× “The mother argues that the same protection is not required for a report of a guardian ad litem that is submitted pursuant to section 61.403, Florida Statutes (1991). We disagree.”

Shugar v. Shugar, 924 So. 2d 941 (Fla. 1st DCA 2006). · cites it 2× “NOTES [1] Section 61.403, Florida Statutes (2005), outlines the powers and authority of a GAL.”

Miller v. Miller, 671 So. 2d 849 (Fla. 5th DCA 1996). · cites it 2× “Florida law allows the GAL to participate actively in the trial of a change of custody case, section 61.403(6), Florida Statutes (1993), but the failure to allow the GAL to be examined was reversible error.”

Show all 25 citing cases →

— 61.403(1) — 1 case

Vera Saprounova Hopf, Complete Health of Tampa Bay, P.A. & Integrative Wellness & Beauthy, Inc. v. Robert Kaszuba, Polmed, P.a., Rk Clearwater Props., Inc. & Bridget Heptner (Fla. 2d DCA 2023).

— 61.403(2) — 9 cases

Amendments to the Florida Fam. Law Rules of Procedure & Fam. Law Forms, 810 So. 2d 1 (Fla. 2000). “MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM IN THE CIRCUIT COURT OF THE_JUDICIAL CIRCUIT, IN AND FOR_COUNTY, FLORIDA [[Image here]] MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM *292 ( ) Petitioner ( ) Respondent requests that the Court enter an order appointing a guardian ad…”

SC v. Guardian Ad Litem, 845 So. 2d 953 (Fla. 4th DCA 2003). “As to whether the trial court departed from the essential requirements of law in denying injunctive or protective order relief, we need not rely upon Petitioner's primary contention that, as a matter of law, section 61.403, Florida Statutes, applies to chapter 39 proceedings,…”

In Re Fam. Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995). “Such order shall be obtained only after notice to all parties and hearing thereon; provided, however, that upon presentation of this order to the appropriate person or office, the guardian ad litem is authorized, pursuant to section 61.403(2), Florida Statutes, to inspect and…”

Amendments to the Florida Fam. Law Rules, 713 So. 2d 1 (Fla. 1998). “MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM ( ) Petitioner ( ) Respondent requests that the court enter an order appointing a guardian ad litem with all powers, privileges, and responsibilities authorized in section 61.403, Florida Statutes, and state: 1.”

Metcalfe v. Metcalfe, 655 So. 2d 1251 (Fla. 3d DCA 1995).

— 61.403(5) — 4 cases

Bahl v. Bahl, 220 So. 3d 1214 (Fla. 2d DCA 2016).

Perez v. Perez, 769 So. 2d 389 (Fla. 3d DCA 1999). “See § 61.403 Fla. Stat. (1997). However, the duties and responsibilities of a guardian ad litem are not coextensive with those of an attorney.”

Leinenbach v. Leinenbach, 634 So. 2d 252 (Fla. 2d DCA 1994). “The mother argues that the same protection is not required for a report of a guardian ad litem that is submitted pursuant to section 61.403, Florida Statutes (1991). We disagree.”

Owens v. Owens, 685 So. 2d 1038 (Fla. 4th DCA 1997).

— 61.403(6) — 5 cases

Miller v. Miller, 671 So. 2d 849 (Fla. 5th DCA 1996). “Florida law allows the GAL to participate actively in the trial of a change of custody case, section 61.403(6), Florida Statutes (1993), but the failure to allow the GAL to be examined was reversible error.”

Millen v. Millen, 122 So. 3d 496 (Fla. 3d DCA 2013). “” § 61.403(6), Fla. Stat. (2010). Examination of witnesses constitutes the practice of law and is a function reserved for licensed attorneys.”

Shienvold v. Habie, 627 So. 2d 1203 (Fla. 4th DCA 1993). “Section 61.403, Florida Statutes (1991), provides that guardians ad litem appointed to represent the best interests of children in dissolution actions "shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child.”

Shienvold v. Habie, 622 So. 2d 538 (Fla. 4th DCA 1993).

Carberry v. Carberry, 830 So. 2d 246 (Fla. 4th DCA 2002).

— 61.403(7) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.