appoiNtmeNt oF a guardiaN ad Litem iN a CoNteSted pareNtiNg CaSe
Marital & Family law Section Chair: Amber Boles – Law Office of Amber Boles, P. A.
the appointment of a guardian ad Litem can be a valuable tool in any contested parenting case.
© Can Stock Photo / lisafx
Over the last several years, there has been a growing trend in the Tampa family law courts to appoint a guardian ad litem to represent the best interests of the child in divorce and paternity proceedings. Having handled cases in which a guardian ad litem is appointed and having served as one, I can attest to the usefulness of an independent advocate for the child in difficult cases.
Section 61.403, Florida Statutes, authorizes courts to appoint a guardian ad litem. Parties generally waive hearsay objections, allowing the guardian ad litem to report the child’ s testimony to the court, thus relieving the child of this often stressful aspect of the litigation. Most would agree that the appointment of a guardian without a hearsay waiver is not recommended.
After being appointed, a guardian will typically meet with a child several times over the course of a given case to establish a rapport with the child and to provide an environment in which the child can speak freely. The guardian will also meet with any collateral witnesses, including mental health
professionals, parent coordinators, doctors, teachers, and any additional witnesses requested by the parties. Ideally, once a guardian is appointed, the parties will contact everyone they anticipate the guardian will want to meet with so the parties can get the third parties to execute waivers. This will eliminate unnecessary delays in the guardian’ s investigation.
Once appointed as a guardian, I typically speak with the attorneys first to determine the issues involved. Next, I speak with the parents individually to determine each parent’ s perspective on whatever those issues may be. At that point, I typically determine how I will meet with the child based on the child’ s age. For young children who cannot provide much input on the relevant issues or their preferences, I like to meet with them at each parent’ s home. Significant information can be gleaned by how the child behaves in the presence of each parent. With older children, I prefer to meet initially outside of their home, oftentimes at my office or at a public location such as a restaurant or park. I find children are more willing to speak freely under these circumstances.
After completing his or her investigation, the guardian ad litem will prepare a report detailing all his or her findings and making recommendations based on the issues identified in the order of appointment. These recommendations are typically made in consideration of the factors identified in section 61.13, Florida Statutes. In preparing his or her report, the weight the guardian gives the child’ s opinion will vary based on the child’ s age and maturity.
The appointment of a guardian ad litem can be a valuable tool in any contested parenting case by providing the parties valuable information, which often leads to settlement of difficult cases, or by providing a concise summary of the testimony and issues in litigation.
Author: Brian Bowes – The Bowes Law Group
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