theroLeofaguardIanadLItemInfamILyCourt
Marital & Family law Section
Continuedfrompage40
GAL will address in the report . Usually , a proposed parenting plan will be included in the recommendation .
Typically , the GAL in a family law proceeding is an attorney in good standing with The Florida Bar . Non-attorneys may receive appointment if they are either certified by the Statewide Guardian Ad Litem Program or certified by a not-for-profit legal aid organization . 7 Generally , the non-attorney GALs are social workers or other mental health professionals already familiar with the legal system .
The court will determine what percentage of the GAL ’ s fee each party will pay based upon their proven financial ability to pay . However , if you are the requesting party , be prepared to incur the expense up front , subject to future reallocation .
Each judge weighs the recommendation of a GAL differently , but all agree that the information provided is essential to the final decision . While courts are prohibited from blindly adopting a recommendation of a GAL , they rely on the GAL to give perspective into the best interest of the child ( ren ) that they would not otherwise receive because public policy favors keeping the child ( ren ) out of the courtroom . Individuals appointed in these roles are qualified and well-respected members of the community . Therefore , they ’ re likely to provide vital and unbiased insight into the family situation . More often than not , a court will give great weight to a well-informed GAL who has completed a thorough investigation . n
1
See F . S . s . 61.401 .
2
Id .
3
See F . S . s . 61.403 ( 5 ) & ( 6 ).
4
See F . S . s . 61.403 ( 1 ).
5
See F . S . s . 61.403 ( 2 ).
6
See F . S . s . 61.403 ( 3 ) & ( 4 ).
7
See F . S . s . 61.402 .
Author : Elizabeth Burchell – Busciglio , Sheridan & Schoeb
M A R - A P R 2 0 2 4 | H C B A L A W Y E R
4 1