Guardian ad litem

What is a Guardian Ad Litem and Who can be one?

A guardian ad litem (“GAL”) is a specially-trained advocate who is court-appointed to perform an investigation or evaluation and provide recommendations to the judge as to a child (or children’s) best interest.
There are certain minimum qualifications that have to be met for a person to qualify as a GAL. For a complete list, please see Section 61.402, Florida Statutes. Attorneys who are members in good standing with The Florida Bar may be appointed as GALs in family law proceedings.

When is a Guardian Ad Litem Appointed?

The court must appoint a guardian ad litem in a proceeding where the case involves verified allegations of child abuse, abandonment, or neglect, as defined by Section 39.01, Florida Statutes, and the court determines the allegations to be well founded.

In dissolution of marriage cases or other family law cases involving the creation, approval, or modification of a parenting plan, the court may appoint a guardian ad litem if it finds that doing so is in the best interest of the child. The appointment will be for the GAL “to act as next best friend of the child, investigator or evaluator, not as attorney or advocate.” Fla. Stat. s61.401.

The GAL shall be a party to any judicial proceeding from the date of the appointment until the date of discharge

What Does a Guardian Ad Litem Do?

The GAL is focused on investigating and evaluating the situation and making recommendations to the court about what he/she believes to be in your child’s best interests.
A GAL may make a recommendation that he/she believes to be in the child’s best interest which is actually contrary to what the child desires.
The GAL may take your child’s wishes and desires into account; however, ultimately the GAL makes his or her own independent recommendations to the court.

WHERE DOES MELISSA SERVE AS A GAL

Melissa is available to serve as a guardian ad litem in the greater Tampa Bay area: Hillsborough, Pinellas, and Pasco (East and West). Melissa is also available to serve as guardian ad litem in relocation cases. Please contact Melissa if you have any questions about her availability to serve in your case.