Guardian ad Litem Information for Attorneys and Parents

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A Guardian ad Litem, appointed in family court often assists in settling challenging, complex or high conflict cases without court intervention by:

• Assisting counsel  and families by providing a neutral analysis of parenting issues 

• Gathering information, conducting interviews and site visits, reviewing correspondence and issuing subpoenas for important documents

• Conferring with possible witnesses and other professionals, such as teachers, law enforcement, physicians, tutors, therapists,  accountants, court and corrections personnel, technology specialists, community based service providers, laboratory analysts, chemists, real estate professionals and child care providers

• Generating a report specifying what information was sought, reviewed and learned, often expanding discovery and transparency among the parties

• Applies the Chapter 61.13 statutory considerations to the information gathered, providing a framework for the court and counsel if needed 

• Provides recommendations as to how to resolve important parenting disagreements in the best interests of the child

 The family court Guardian ad Litem process typically includes the following steps and procedures, from appointment to release:

• Counsel reaches out to discuss benefits of appointment, questions, hourly rates and availability

• Parties and their attorney discuss appointment. Hourly rates vary by need and all costs are borne equally between the parents unless otherwise agreed upon by the parties

• Confer with opposing counsel regarding a stipulated agreement to appoint a Guardian ad Litem (sample correspondence available upon request)

• If no agreement can be reached, the Court may appoint a Guardian ad Litem after a hearing on the matter (form motion available)

• Forward a proposed Order Appointing a Guardian ad Litem (order provided by Guardian ad Litem)

• Guardian ad Litem formally accepts case, subject to financial arrangements, and begins by forwarding initial paperwork to the parties seeking information and witnesses they feel support their position. Next, an initial and separate meeting with each parent is scheduled

• Documents, site visits and interviews are then undertaken. The Guardian ad Litem often attends hearings, depositions and mediation.

• A final report is generated. which includes a sample Parenting Plan and Parenting Schedule, case-specific recommendations for review and consideration, as well as statutory application useful for trial and drafting a proposed final judgment

• The Guardian ad Litem is formally discharged but remains available should additional appointment or testimony be needed pursuant to a newly executed order