Appointment of Guardian ad Litem
If a Family Law Court finds it is in the best interest of the child, it could consider the appointment of guardian ad litem. Florida Statue 61.401 governs the appointment of a Guardian Ad Litem. Palm Beach County divorce attorney Matthew D. Martin has litigated divorce cases involving Guardian Ad Litems.
Whats the “Next friend of the child”?
A Guardian Ad Litem acts as a “next friend of the child” and can investigate or evaluate the circumstances in the child’s life. The Guardian Ad Litem does not act as an attorney or advocate for the child.
Does a Guardian ad Litem Advocate for the child?
Because the Guardian Ad Litem does not act as an attorney of advocate for the child, the Court may also appoint new counsel for a child to serve as the child’s advocate. Florida Statue 61.401 expressly prohibits the same person to serve as a Guardian Ad Litem and an Attorney Ad Litem for the same child.
Certain Boca Raton family law cases require the Court to appoint a Guardian Ad Litem in such situations were the Court verifies allegations of child abuse, abandonment, or neglect. You can find more information about what qualifications must be obtained by a guardian ad litem to handle cases involving child abuse, abandonment, or neglect on other pages of our website.
Guardian Ad Litems in Florida dissolution of marriage cases are parties to the case until such time that they are discharged. This means the attorneys in the case will communicate with the Guardian Ad Litem about the case and their findings.
Free consultations for Divorce Cases
Palm Beach County divorce attorney Matthew D. Martin understands the importance of Guardian Ad Litems in the dissolution of marriage and child custody process. He helps his client utilize Guardian Ad Litems effectively in an effort to resolve their case in a manner that is most beneficial.