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What is a Guardian Ad Litem in an Orlando, Florida Divorce and Custody Case?

What is a Guardian Ad Litem in an Orlando, Florida divorce and/or custody case? How is a Guardian Ad Litem used? How do you obtain a Guardian Ad Litem? Why would a Guardian Ad Litem be necessary in your specific case? 

Purpose of a Guardian Ad Litem

If you are in divorce and custody case wherein the other spouse is alienating your children from you, your children refuse to timeshare with you, you have been estranged from children due to mental illness, substance abuse, or alcoholic abuse, abandonment, abuse, or neglect, then a Guardian Ad Litem may benefit you in reestablishing a loving relationship with your child and a parent-child bond. The Guardian Ad Litem may also be useful if you are involved in an acrimonious divorce and are in the middle of a nasty custody battle. 

What a Guardian Ad Litem Does

A Guardian Ad Litem is typically an attorney, but it can also be a psychologist or mental health expert. You would petition the court for a Guardian Ad Litem, or the other party may petition the court for one. The Guardian Ad Litem will review the court’s order and speak to the parties for background. They will speak individually with each parent. Next, they will speak individually with the child. Then, they will speak to the child’s teacher, coaches, and any other trusted adults in the child’s life.

Florida Statute on Guardian Ad Litem

Florida Statute 61.403, the statute on Guardian Ad Litem, reads as follows:

Guardians ad litem; powers and authority.—A guardian ad litem when appointed shall act as next friend of the child, investigator or evaluator, not as attorney or advocate but shall act in the child’s best interest. A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website.

This article is for informational purposes only and does not form an attorney client privilege.