10/19/2026
⚖️ DIVORCE SERIES | PART 4: WHAT IS A GUARDIAN AD LITEM IN FLORIDA? 👨‍👩‍👧‍👦
In certain Florida family law cases, the court may appoint a GUARDIAN AD LITEM (GAL) to help protect the child's best interests during legal proceedings.
⚖️ WHAT DOES FLORIDA LAW SAY?
Under Florida Statute § 61.401, Appointment of Guardian Ad Litem:
“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. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge.”
⚖️ IS A GUARDIAN AD LITEM REQUIRED IN EVERY DIVORCE?
NO!
However, when an allegation of child abuse, abandonment, or neglect is verified and determined by the court to be well-founded, the court must appoint a guardian ad litem under the circumstances specified in § 61.401.
đź’ˇ WHY DOES THIS MATTER?
A guardian ad litem does not represent either parent. The guardian's role is to assist the court in evaluating the child's best interests, not to advocate for a particular parent's desired outcome.
đź’¬ LET'S TALK ABOUT IT!
COMMENT BELOW: Did you know that a guardian ad litem is different from an attorney appointed to represent a child? Do you think guardians ad litem should be appointed more frequently in contested parenting cases?
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đź”” COME BACK FOR PART 5