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Florida Statute 61.401 | Lawyer Caselaw & Research
F.S. 61.401 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 61.401

The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- NOMENCLATURE, 235 So. 3d 357 (Fla. 2018)

. . . court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401 . . .

IN RE AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 214 So. 3d 400 (Fla. 2017)

. . . comment filed pertaining to this proposal raised the concern that this language is contrary to section 61.401 . . . As pointed out by the comment, section 61.401, Florida Statutes (2016), provides: In an action for dissolution . . .

LOPEZ, v. A. PEREZ,, 221 So. 3d 1204 (Fla. Dist. Ct. App. 2016)

. . . . § 61.401, Fla. Stat. (2016). . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 205 So. 3d 1 (Fla. 2015)

. . . You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401 and 61.405, Florida Statutes. . . . For more information, you may consult section 61.401 and 61.405, Florida Statutes. . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401 and 61.405, Florida Statutes. . . . For more information, you may consult section 61.401 and 61.405, Florida Statutes. . . .

TURNIER, v. STOCKMAN,, 139 So. 3d 397 (Fla. Dist. Ct. App. 2014)

. . . error where trial court allowed guardian ad litem to question witnesses at trial contrary to sections 61.401 . . . CONCLUSION The Florida Legislature may wish to amend section 61.401, Florida Statutes (2013), to require . . . court abused its discretion in failing to appoint a guardian ad litem where not required by section 61.401 . . . Section 61.401, Florida Statutes (2013), states: In an action for dissolution of marriage or for the . . .

MILLEN, II, v. MILLEN,, 122 So. 3d 496 (Fla. Dist. Ct. App. 2013)

. . . Section 61.401, Florida Statutes (2010), makes it abundantly clear that the guardian ad litem is to “ . . . See § 61.401, Fla. Stat. (2010). See also Perez v. Perez, 769 So.2d 389 (Fla. 3d DCA 1999). . . . court’s allowance of the guardian ad litem to question witnesses at trial was contrary to sections 61.401 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 122 So. 3d 320 (Fla. 2013)

. . . court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401 . . .

In IMPLEMENTATION OF COMMITTEE ON PRIVACY AND COURT RECORDS RECOMMENDATIONS- AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE FLORIDA RULES OF JUDICIAL ADMINISTRATION FLORIDA RULES OF CRIMINAL PROCEDURE FLORIDA PROBATE RULES FLORIDA SMALL CLAIMS RULES FLORIDA RULES OF APPELLATE PROCEDURE FLORIDA FAMILY LAW RULES OF PROCEDURE, 78 So. 3d 1045 (Fla. 2011)

. . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult section 61.401 and 61.405, Florida Statutes. . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 59 So. 3d 792 (Fla. 2010)

. . . court-appointed mental health practitioner or other professional designated pursuant to either section 61.20 or 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401 and 61.405, Florida Statutes. . . . For more information, you may consult section 61.401 and 61.405, Florida Statutes. . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 20 So. 3d 173 (Fla. 2009)

. . . You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401 and 61.405, Florida Statutes. . . . For more information, you may consult section 61.401 and 61.405, Florida Statutes. . . .

FRANKLIN CRISCUOLO LIENOR, v. ETTER, Ad, 924 So. 2d 947 (Fla. Dist. Ct. App. 2006)

. . . . § 61.401, Fla. Stat. (2001). The wife did not object to Etter’s appointment. . . . litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” § 61.401 . . . Fla. 3d DCA 1995)(citing Senate Judiciary Civil Committee of Florida Staff Analysis on S.B. 110 [§§ 61.401 . . .

TALLAHASSEE MEMORIAL REGIONAL MEDICAL CENTER, INC. v. PETERSEN Dr. M., 920 So. 2d 75 (Fla. Dist. Ct. App. 2006)

. . . . § 61.401, Fla. Stat. (2004). . . .

IN RE APPROVAL OF APPLICATION FOR DETERMINATION OF INDIGENT STATUS FORMS FOR USE BY CLERKS AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE In, 910 So. 2d 194 (Fla. 2005)

. . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . .

PERLOW, v. H. BERG- PERLOW,, 875 So. 2d 383 (Fla. 2004)

. . . See § 61.401, Fla. Stat. (2003). . . .

B. A. G. V. G. G. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 860 So. 2d 498 (Fla. Dist. Ct. App. 2003)

. . . See also § 61.401, Fla. . . .

PERLOW, v. H. BERG- PERLOW, 816 So. 2d 210 (Fla. Dist. Ct. App. 2002)

. . . However, we direct the trial court’s attention to section 61.401, Florida Statutes (2001), should any . . .

MUNIZ, v. MUNIZ,, 789 So. 2d 370 (Fla. Dist. Ct. App. 2001)

. . . the outcome of a case by a guardian ad litem, who is neither an expert nor a judicial officer, see §§ 61.401 . . .

ATTORNEY AD LITEM FOR D. K. a v. PARENTS OF D. K., 780 So. 2d 301 (Fla. Dist. Ct. App. 2001)

. . . Section 61.401, Florida Statutes (2000), clearly distinguishes between guardians ad litem and legal counsel . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult section 61.401-61.405, Florida Statutes. . . .

PEREZ, v. M. PEREZ,, 769 So. 2d 389 (Fla. Dist. Ct. App. 1999)

. . . act as next friend of the child, investigator or evaluator, not as attorney or advocate,” in section 61.401 . . . When first passed by the Florida Legislature, section 61.401 Florida Statutes (Supp.1990), as pertinent . . . Section 61.401 was amended to read: Appointment of guardian ad litem. — In an- action for dissolution . . . (amending § 61.401, Fla. Stat. (1993))(emphasis added). . . . (amending § 61.401, Fla. Stat. (1993))(emphasis added). . . . In fact, Section 61.401, Florida Statutes (1997) specifically provides that the role of a guardian ad . . . Section 61.401 states that the guardian shall not act as an advocate and the Guardian’s role is defined . . . The Former Husband contends that Section 61.401 should be interpreted broadly as permitting guardians . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult section 61.401-61.405, Florida Statutes. . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . You may also want to contact the Guardian ad Litem Program office in your area or see sections 61.401 . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult sections 61.401-61.405, Florida Statutes. . . . For more information, you may consult section 61.401-61.405, Florida Statutes. . . .

NATHANSON, v. NATHANSON In, 693 So. 2d 1061 (Fla. Dist. Ct. App. 1997)

. . . Compare § 61.401, Fla. Stat. (1993), with § 61.401, Fla. Stat. (1995). . . .

OWENS, v. OWENS, PUDALOFF, v. OWENS, 685 So. 2d 1038 (Fla. Dist. Ct. App. 1997)

. . . , that appellant, Gary Pu-daloff, be appointed the children’s guardian ad litem pursuant to section 61.401 . . . Section 61.401, Florida Statutes (Supp. 1994), designates a guardian ad litem as a party to the proceeding . . . Thus, he was not yet a party pursuant to 61.401. . . .

O CONNOR, v. STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES,, 680 So. 2d 1137 (Fla. Dist. Ct. App. 1996)

. . . present action to terminate her parental rights, O’Connor contends that the amendments to sections 61.401 . . . “for dissolution of marriage, modification, parental responsibility, custody, or visitation,” see § 61.401 . . .

MILLER, v. MILLER,, 671 So. 2d 849 (Fla. Dist. Ct. App. 1996)

. . . The trial court scheduled the motion for hearing and appointed a GAL pursuant to section 61.401, Florida . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . OSF For further information, see §§ 61.401-61.404, Florida Statutes. . . .

BOYT, v. N. ROMANOW,, 664 So. 2d 995 (Fla. Dist. Ct. App. 1995)

. . . court appointed an independent lawyer as the child’s guardian ad litem under the authority of section 61.401 . . .

J. METCALFE, v. U. METCALFE,, 655 So. 2d 1251 (Fla. Dist. Ct. App. 1995)

. . . See generally Senate Judiciary Civil Committee of Florida, Staff Analysis on S.B. 110 [§§ 61.401-.404 . . .

LENZ, v. WINBURN, Ad a L. Jr. W. M. Ad, 51 F.3d 1540 (11th Cir. 1995)

. . . . § 61.401 (West Supp.1995). . . .

SIMMS, a k a B. a k a a k a v. STATE DEPARTMENT OF HEALTH REHABILITATIVE SERVICES, Ad, 641 So. 2d 957 (Fla. Dist. Ct. App. 1994)

. . . My concerns may have been alleviated for the future by the 1994 legislature’s amendments to sections 61.401 . . .

McALISTER, v. L. SHAVER,, 633 So. 2d 494 (Fla. Dist. Ct. App. 1994)

. . . Section 61.401, Fla. Stat. (1993); see Cortina v. Cortina, 108 So.2d 63 (Fla. 2d DCA 1958). . . . . § 61.401, Fla.Stat. (1993). . . .

MARION COUNTY, v. JOHNSON,, 586 So. 2d 1163 (Fla. Dist. Ct. App. 1991)

. . . See also §§ 61.401-403, Fla.Stat. (Supp.1990). . . .