Miami family law attorney blog
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Florida guardian ad litem
Posted by Nydia Streets of Streets Law in Florida Child Custody
Who pays the guardian ad litem’s fees in a Florida child custody case? A court may apportion responsibility for the guardian’s fees based on the financial standing of each party. Payment of these fees was an issue in the case Levy v. Levy, 3D22-1399 (Fla. 3d DCA January 31, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a guardian ad litem in a Florida child custody case determine what the parenting plan will be? Guardians ad litem play an important role in helping a court understand what issues are present between parties and the best interest of a child. But the court cannot delegate its decision-making to the guardian. This was an issue in Merlihan v. Skinner, 4D2022-2079 (Fla. 4th DCA March 13, 2024).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case in order to investigate claims made by the parties, interview the children, and make a recommendation to the court concerning a parenting plan. This was an issue in the case Velasquez v. Mendieta, 3D21-1168 (Fla. 3d DCA November 24, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
What is a guardian ad litem in a Florida child custody case? According to the Florida Statutes: “In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” Fla. Stat. 61.401. In plain terms, a guardian ad litem is someone appointed by the court to investigate claims made by both sides and to recommend to the court a parenting plan. A guardian’s recommendation and due process were issues in the case Pescod v. Irvin, 2D21-188 (Fla. 2d DCA November 17, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case to help a judge determine the best interest of a child when parents cannot agree. The guardian’s fees are usually paid by the parent with the court determining what percentage of the fee each parent should pay. The payment of a guardian’s fee was an issue in the case Helinski v. Helinski, 3D19-2270 (Fla. 3d DCA March 31, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem is sometimes appointed in contested Florida child custody cases. The guardian is a party to the case who investigates the claims made by each side and reports to the Court concerning the investigation. It is usually inevitable that one or both sides will be unhappy with the guardian’s findings. When a party wants to have the guardian replaced or dismissed, what standard must a court follow in determining a motion to disqualify a guardian ad litem? This was at issue in the case Bouchard v. Bouchard, 2D19-3592 (Fla. 2d DCA July 8, 2020).
