Posted by Nydia Streets of Streets Law in Florida Child Custody

A guardian ad litem in a Florida child custody case can hire an attorney to collect fees due for services. The party who owes the money to the guardian ad litem could be liable for the guardian’s attorney’s fees. The award of fees must be supported by certain findings. This was an issue in the case Tripodi v. Nacer, 3D21-2234 (Fla. 3d DCA October 19, 2022).

The mother in this child custody case filed an appeal challenging an order granting the guardian ad litem’s motion for attorney’s fees and costs. The mother did not provide a transcript of the hearing on the fees, but argued the order awarding the fees was erroneous on its face because no findings were included to justify the award in the order.

The appellate court agreed with the mother, holding “This Court has held that ‘[a]n award of attorney’s fees without making adequate findings justifying the amount of the award is reversible error. . . . This is true even in the instance where a party does not provide an appellate court with an adequate record or a transcript of proceedings.’ Babun v. Stok Kon + Braverman, 335 So. 3d 1236, 1240 (Fla. 3d DCA 2021) (citations omitted). Accordingly, ‘[w]e remand with directions that the trial court consider the evidence supporting the GAL’s request for fees and include in any order those findings necessary to justify the grant of reasonable fees for specific and documented services rendered, and from whom those fees are due.’ Adkins v. Sotolongo, 197 So. 3d 1233, 1235 (Fla. 3d DCA 2016).”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.