The role of the guardian ad litem (“GAL”) in child custody cases in Florida is governed by Florida statute § 61.403. GALs are usually appointed in family law cases involving significant disputes between parents regarding the well-being and best interests of the child or children. GALs are not mediators or attorneys representing the express wishes of the children. GALs are solely responsible for reporting to the court on what they believe to be in the best interests of the child. For example, if one parent wants to relocate and move their child out of state then the GAL would conduct a thorough investigation and make recommendations (either in writing or through testimony) as to whether that out of state move is in the best interests of the child.

Most GALs are not mental health professionals, such as psychologists or counselors. Florida law allows lay persons to be appointed as GALs as long as a non-profit or the Florida Statewide Guardian ad Litem Office has certified the GAL as guardian ad litem. Florida Law explicitly allows attorneys to become GALs. More often than not GALs appointed in family court cases are attorneys experienced with working with children. GALs often work alongside mental health professionals and will gather information from mental health professionals to craft their recommendations to the court.

GALs are also not social investigators. Florida Law provides for social investigations of parents and children in child custody cases when a parenting plan is in dispute. Social Investigators are expert mental health professionals who are licensed by the State of Florida, and they are tasked with evaluating the parents and the child and providing a snapshot of the child and the parents at a specific moment in time with their recommendations.

The GAL, on the other hand, works with the family over the course of several months and makes recommendations as to what is in the best interests of the child in a variety of areas, not just regarding the parenting plan. It is important to remember that the GAL acts as a “next friend of the child” in court, but not as an attorney for the child. This means that the GAL may investigate any pleadings involving the child and may assist the court by helping to obtain any required expert examinations such as medical evaluations, or therapy, or otherwise. The GAL may also ask the court to order examinations of other parties involved in an action, such as parents. All the information that the GAL obtains through these expert evaluations is confidential and may be disclosed only in the GAL’s report to the court or at the Judge’s discretion.

Often a parent’s attorney will ask for a GAL to be appointed in a contentious family law case. If the Judge agrees with the petitioning parent, then the Judge will issue an order appointing the GAL and allocating how much each parent must contribute to the costs of the GAL.[1] From that point forward, the GAL begins their investigation and meets with both parents, the child, and collateral contacts as appropriate, such as therapists, teachers, doctors or other providers who work with the family. GALs will also review any records associated with the case and the child. GALs then issue a report to the court regarding best interests.

As a former child welfare attorney, Sarah Campbell, Esq. has interviewed many of Florida’s most vulnerable children in some very egregious situations. Sarah has also represented indigent parents in the child welfare system and understands the challenges parents face in contentious court cases. Sarah is both an attorney and certified Guardian ad Litem through the Statewide Guardian ad Litem Office. She adeptly navigates tough family court cases as a court appointed GAL and serves the entire State of Florida as a GAL. Call Jay & Campbell, PLLC today and schedule a meeting with Sarah to see if your case needs an experienced, neutral GAL like Sarah.

[1] GALs appointing via § 61.403 are not associated with the Guardian ad Litem Office and are not volunteers.