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. 61.403

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

F.S. 61.403 on Casetext

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 from cite.case.law:

R. BAHL, v. P. BAHL,, 220 So. 3d 1214 (Fla. Dist. Ct. App. 2016)

. . . Section 61.403(5) provides that the guardian ad litem “may address the court and make written or oral . . . Section 61.403(5) also contemplates that the report will be presented at a hearing: “The report must . . .

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

. . . trial court allowed guardian ad litem to question witnesses at trial contrary to sections 61.401 and 61.403 . . .

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

. . . .” § 61.403(7), Fla. Stat. (2010). . . . .” § 61.403(6), Fla. Stat. (2010). . . . allowance of the guardian ad litem to question witnesses at trial was contrary to sections 61.401 and 61.403 . . .

C. SHUGAR, v. K. SHUGAR,, 924 So. 2d 941 (Fla. Dist. Ct. App. 2006)

. . . Section 61.403, Florida Statutes (2005), outlines the powers and authority of a GAL. . . .

L. HUGHES, v. SCHATZBERG,, 872 So. 2d 996 (Fla. Dist. Ct. App. 2004)

. . . Here, the child was appointed a guardian ad litem pursuant to section 61.403, Florida Statutes (2002) . . .

S. C. a v. GUARDIAN AD LITEM,, 845 So. 2d 953 (Fla. Dist. Ct. App. 2003)

. . . the form appointment order to exclude from automatic production those records, described in section 61.403 . . . Section 61.403(2) provides: The guardian ad litem, through counsel, may petition the court for an order . . . Such order shall be obtained only after notice to all parties and hearing thereon. § 61.403(2), Fla. . . . Additionally, although we do not read section 61.403 in pari materia with chapter 39 such as to authorize . . . As 61.403 is the only statute that speaks to the power of a guardian ad litem to access records of a . . .

CARBERRY, v. CARBERRY,, 830 So. 2d 246 (Fla. Dist. Ct. App. 2002)

. . . court may have erred by entertaining the guardian’s unsworn motion for change of custody, see section 61.403 . . .

D. O NEILL, Jr. v. W. O NEILL S. PALMER,, 812 So. 2d 448 (Fla. Dist. Ct. App. 2002)

. . . Palmer and section 61.403, Florida Statutes (1997), set forth activities that a GAL may undertake, acting . . .

M. C. v. DEPARTMENT OF CHILDREN AND FAMILY SERVICES,, 814 So. 2d 449 (Fla. Dist. Ct. App. 2001)

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

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

. . . outcome of a case by a guardian ad litem, who is neither an expert nor a judicial officer, see §§ 61.401, 61.403 . . .

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

. . . appointing a guardian ad litem with all powers, privileges, and responsibilities authorized in section 61.403 . . . discharge and shall have all of the powers, privileges, and responsibilities authorized in section 61.403 . . . The guardian ad litem shall maintain any information received from any source described in section 61.403 . . .

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

. . . As relevant to the issues before us, section 61.403, Florida Statutes (Supp.1990), stated: Guardians . . . Section 61.403, as pertinent here, was also amended: Guardians ad litem; powers and authority. . . . See § 61.403(5), (8), Fla. Stat. (1997). . . . Next, in section 61.403(2), (3), and (6), the legislature required the guardian to petition the court . . . See § 61.403 Fla. Stat. (1997). . . . See also, § 61.403 Fla. Stat. (1997). . . . Section 61.403 delineates the Guardian’s powers and authority in the context of trial court proceedings . . . See § 61.403 Fla. Stat. (1997); Scaringe v. Herrick, 711 So.2d at 204. . . .

ROSKI, v. ROSKI,, 730 So. 2d 413 (Fla. Dist. Ct. App. 1999)

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

J. SCARINGE, v. HERRICK,, 711 So. 2d 204 (Fla. Dist. Ct. App. 1998)

. . . The statute controlling the powers and authority of guardians ad litem is section 61.403, Florida Statutes . . . Hearsay rules contained in the Florida Evidence Code apply to section 61.403. . . . See § 61.403. However, the statute also states that the guardian shall not act as an advocate. . . . See § 61.403. The art of advocacy is solely within the domain of counsel or the pro se litigant. . . . See § 61.403. We do not minimize the importance of the role of guardians ad litem in custody cases. . . .

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

. . . Pudaloff contends the final judgment is void because his written report was mandatory under section 61.403 . . . Section 61.403(5), Florida Statutes (Supp.1994), allows a guardian ad litem to address the court and . . . Section 61.403(5), Florida Statutes (Supp.1994), clearly places the burden of filing the report on a . . .

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

. . . action to terminate her parental rights, O’Connor contends that the amendments to sections 61.401 and 61.403 . . .

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

. . . Florida law allows the GAL to participate actively in the trial of a change of custody case, section 61.403 . . .

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

. . . order to the appropriate person or office, the guardian ad litem is authorized, pursuant to section 61.403 . . .

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

. . . shall maintain as confidential all information and documents received from any source described in s. 61.403 . . . Section 61.403(2), in turn, describes the following sources: “a specified person, agency, or organization . . . Section 61.403(2), Florida Statutes (1993) provides as follows: "(2) The guardian ad litem, through counsel . . .

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

. . . Section 61.403 of the Florida Statutes provides a nonexclusive list of the guardian’s duties. . . . Fla.Stat.Ann. § 61.403 (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)

. . . may have been alleviated for the future by the 1994 legislature’s amendments to sections 61.401 and 61.403 . . .

LEINENBACH, v. LEINENBACH, a k a, 634 So. 2d 252 (Fla. Dist. Ct. App. 1994)

. . . protection is not required for a report of a guardian ad litem that is submitted pursuant to section 61.403 . . . Indeed, section 61.403(5) contemplates that a guardian’s report will be submitted to the parties at least . . .

SHIENVOLD, Ad HABIE v. HABIE, 627 So. 2d 1203 (Fla. Dist. Ct. App. 1993)

. . . Section 61.403, Florida Statutes (1991), provides that guardians ad litem appointed to represent the . . .

SHIENVOLD, Ad v. HABIE, 622 So. 2d 538 (Fla. Dist. Ct. App. 1993)

. . . Section 61.403, Florida Statutes (1991), provides that guardians ad litem appointed to represent the . . . pleadings, motions or petitions for relief as the guardian ad litem deems appropriate or necessary_” § 61.403 . . .