Fla. Stat. 61.403
Guardians ad litem; powers and authority


(1)

The guardian ad litem may investigate the allegations of the pleadings affecting the child, and, after proper notice to interested parties to the litigation and subject to conditions set by the court, may interview the child, witnesses, or any other person having information concerning the welfare of the child.

(2)

The guardian ad litem, through counsel, may petition the court for an order directed to a specified person, agency, or organization, including, but not limited to, hospitals, medical doctors, dentists, psychologists, and psychiatrists, which order directs that the guardian ad litem be allowed to inspect and copy any records and documents which relate to the minor child or to the child’s parents or other custodial persons or household members with whom the child resides. Such order shall be obtained only after notice to all parties and hearing thereon.

(3)

The guardian ad litem, through counsel, may request the court to order expert examinations of the child, the child’s parents, or other interested parties in the action, by medical doctors, dentists, and other providers of health care including psychiatrists, psychologists, or other mental health professionals.

(4)

The guardian ad litem may assist the court in obtaining impartial expert examinations.

(5)

The guardian ad litem may address the court and make written or oral recommendations to the court. The guardian ad litem shall file a written report which may include recommendations and a statement of the wishes of the child. The report must be filed and served on all parties at least 20 days prior to the hearing at which it will be presented unless the court waives such time limit. The guardian ad litem must be provided with copies of all pleadings, notices, and other documents filed in the action and is entitled to reasonable notice before any action affecting the child is taken by either of the parties, their counsel, or the court.

(6)

A guardian ad litem, acting through counsel, may file such pleadings, motions, or petitions for relief as the guardian ad litem deems appropriate or necessary in furtherance of the guardian’s function. The guardian ad litem, through counsel, is entitled to be present and to participate in all depositions, hearings, and other proceedings in the action, and, through counsel, may compel the attendance of witnesses.

(7)

The duties and rights of nonattorney guardians do not include the right to practice law.

(8)

The guardian ad litem shall submit his or her recommendations to the court regarding any stipulation or agreement, whether incidental, temporary, or permanent, which affects the interest or welfare of the minor child, within 10 days after the date such stipulation or agreement is served upon the guardian ad litem.

Source: Section 61.403 — Guardians ad litem; powers and authority, https://www.­flsenate.­gov/Laws/Statutes/2024/0061.­403 (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

§ 61.403. Guardians ad litem; powers & authority's source at flsenate​.gov