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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