Fla. Stat. 61.402
Qualifications of guardians ad litem


(1)

A person appointed as a guardian ad litem pursuant to s. 61.401 must be:Certified by the Statewide Guardian ad Litem Office pursuant to s. 39.821;Certified by a not-for-profit legal aid organization as defined in s. 68.096; orAn attorney who is a member in good standing of The Florida Bar.

(a)

Certified by the Statewide Guardian ad Litem Office pursuant to s. 39.821;

(b)

Certified by a not-for-profit legal aid organization as defined in s. 68.096; or

(c)

An attorney who is a member in good standing of The Florida Bar.

(2)(a)

Prior to certifying a guardian ad litem pursuant to paragraph (1)(b), the not-for-profit legal aid organization must:
Conduct a security background investigation as described in s. 39.821 for which the not-for-profit legal aid organization has the sole discretion in determining whether to certify a person based on his or her security background investigation; and
Provide training using the uniform objective statewide training program for guardians ad litem developed by The Florida Bar.
The security background investigation and the training program requirements as provided in this subsection must be paid for by the not-for-profit legal aid organization or the person seeking certification as a guardian ad litem through the not-for-profit legal aid organization.

(2)(a)

Prior to certifying a guardian ad litem pursuant to paragraph (1)(b), the not-for-profit legal aid organization must:Conduct a security background investigation as described in s. 39.821 for which the not-for-profit legal aid organization has the sole discretion in determining whether to certify a person based on his or her security background investigation; andProvide training using the uniform objective statewide training program for guardians ad litem developed by The Florida Bar.
1. Conduct a security background investigation as described in s. 39.821 for which the not-for-profit legal aid organization has the sole discretion in determining whether to certify a person based on his or her security background investigation; and
2. Provide training using the uniform objective statewide training program for guardians ad litem developed by The Florida Bar.

(b)

The security background investigation and the training program requirements as provided in this subsection must be paid for by the not-for-profit legal aid organization or the person seeking certification as a guardian ad litem through the not-for-profit legal aid organization.

(3)

Only a guardian ad litem who qualifies under paragraph (1)(a) or paragraph (1)(c) may be appointed to a case in which the court has determined that there are well-founded allegations of child abuse, abandonment, or neglect as defined in s. 39.01.

(4)

Nothing in this section requires the Statewide Guardian ad Litem Office or a not-for-profit legal aid organization to train or certify guardians ad litem appointed under this chapter.

(5)

It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person to willfully, knowingly, or intentionally fail, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose in an application for a guardian ad litem any material fact used in making a determination as to the applicant’s qualifications for such position.

Source: Section 61.402 — Qualifications of guardians ad litem, https://www.­flsenate.­gov/Laws/Statutes/2024/0061.­402 (accessed Aug. 7, 2025).

61.001
Purpose of chapter
61.08
Alimony
61.09
Alimony and child support unconnected with dissolution
61.10
Adjudication of obligation to support spouse or minor child unconnected with dissolution
61.11
Writs
61.011
Dissolution in chancery
61.12
Attachment or garnishment of amounts due for alimony or child support
61.13
Support of children
61.14
Enforcement and modification of support, maintenance, or alimony agreements or orders
61.16
Attorney’s fees, suit money, and costs
61.17
Alimony and child support
61.18
Alimony and child support
61.19
Entry of judgment of dissolution of marriage, delay period
61.20
Social investigation and recommendations regarding a parenting plan
61.21
Parenting course authorized
61.021
Residence requirements
61.29
Child support guidelines
61.30
Child support guidelines
61.31
Amount of support for a dependent adult child
61.031
Dissolution of marriage to be a vinculo
61.043
Commencement of a proceeding for dissolution of marriage or for alimony and child support
61.044
Certain existing defenses abolished
61.45
Court-ordered parenting plan
61.046
Definitions
61.052
Dissolution of marriage
61.061
Proceedings against nonresidents
61.071
Alimony pendente lite
61.075
Equitable distribution of marital assets and liabilities
61.076
Distribution of retirement plans upon dissolution of marriage
61.077
Determination of entitlement to setoffs or credits upon sale of marital home
61.079
Premarital agreements
61.122
Parenting plan recommendation
61.125
Parenting coordination
61.181
Depositories for alimony transactions, support, maintenance, and support payments
61.183
Mediation of certain contested issues
61.191
Application
61.401
Appointment of guardian ad litem
61.0401
Application of the law of a foreign country in courts relating to matters arising out of or relating to this chapter and chapter 88
61.402
Qualifications of guardians ad litem
61.403
Guardians ad litem
61.404
Guardians ad litem
61.405
Guardians ad litem
61.455
Court-ordered parenting plan
61.1255
Support for dependent adult children
61.1301
Income deduction orders
61.1354
Sharing of information between consumer reporting agencies and the IV-D agency
61.1811
Clerk of the Court Child Support Enforcement Collection System Trust Fund
61.1812
Child Support Incentive Trust Fund
61.1814
Child Support Enforcement Application and Program Revenue Trust Fund
61.1816
Child Support Clearing Trust Fund
61.1824
State Disbursement Unit
61.1825
State Case Registry
61.1826
Procurement of services for State Disbursement Unit and the non-Title IV-D component of the State Case Registry
61.1827
Identifying information concerning applicants for and recipients of child support services
61.13001
Parental relocation with a child
61.13003
Court-ordered electronic communication between a parent and a child
61.13015
Petition for suspension or denial of professional licenses and certificates
61.13016
Suspension of driver licenses and motor vehicle registrations

Current through Fall 2025

§ 61.402. Qualifications of guardians ad litem's source at flsenate​.gov