There are times during a dissolution of marriage (divorce) or paternity action when parents are not able to reach an agreement regarding decisions concerning their child. During these times, the court may appoint a lawyer who will act as Guardian Ad Litem. Florida law says that the guardian ad litem is to act as next friend of the child, investigator or evaluator, not as attorney or advocate.
The guardian ad litem will meet with the child, parents and any other parties necessary to make a determination regarding the child’s best interests. They may review records or confer with other experts. They may even participate in mediation. The guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child. He will be a party to any judicial proceeding from the date of the appointment until the date of discharge.
The guardian ad litem will provide a summary of their recommendations to the parents of the child. If the parents still cannot agree, the recommendations will be given to the judge who will make the final decision.
If you have questions regarding the appointment of a guardian ad litem in creating or modifying your parenting plan, please email the Law Office of Wade P. Luther, P.A. or call us at (407) 835-9900.