theroLeofaguardIanadLItemInfamILyCourt
Marital & Family law Section Chair : AndrewD . Reder , B . C . S . — SessumsBlack , P . A . aguardianadlitemcanhelp shieldthechildfromthe distressingimpactof litigationwhileproviding vitalinsighttothecourt .
Children are often the ones who are most impacted during high-conflict custody proceedings . Florida law allows a Guardian ad litem ( GAL ) to be appointed by the court to represent the best interest of the child ( ren ) involved , which may help shield the child from the distressing impact of litigation . 1
Appointment of a GAL in a family case is highly discretional and typically arises when the parties are unable to come to an agreement on the creation or modification of a parenting plan . When there are verified allegations of child abuse , abandonment or neglect , a GAL is required to be
appointed . 2 A GAL is appointed by one party filing a motion requesting the appointment of a GAL or by the parties ’ stipulation . This appointment can happen at almost any stage in the proceedings . Once appointed , the GAL becomes a party to the proceedings and is entitled to be present and fully participate in all hearings , depositions , mediations , and other proceedings in the matter . 3
Most commonly , GALs are tasked with making recommendations to the Court regarding a parenting plan . The GAL investigates the allegations in the pleadings affecting the child ( ren ). 4 The investigation includes interviews of the parties , child ( ren ), and other collateral witnesses
identified throughout the investigation . A GAL may also request medical and mental health records , educational records , or other records unique to the parties . 5 Typically , the GAL visits the home of the child ( ren ) to observe the living environment . The GAL may also recommend or request examinations of the child or parties by medical or mental health professionals . 6
The GAL makes written recommendations to the court about what ’ s in the best interest of the child ( ren ), their mental health , and physical well-being . Sometimes there are specific allegations the
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