In any proceeding involving at least one minor child, Florida Statute 61.401 allows for the appointment of a Guardian Ad Litem a.k.a. "GAL", if the Court believes it is in the children's best interest to do so. In many instance a Guardian Ad Litem is an attorney but it is important to note that the Guardian Ad Litem does not act as an attorney or an advocate. The role of a Guardian Ad Litem is to act as next friend of the minor children and to investigate and evaluate the situation and circumstances.
The scope of the Guardian Ad Litem's role depends on the situation and is defined in the Court Order that appoints the GAL. The Guardian Ad Litem will review evidence and will interview people relevant to the situation involving the children. In most cases, at the conclusion of the investigation the Guardian Ad Litem will issue a written report to the Court detailing the findings of the investigation and making a recommendation to the Court as to how the issues relating to the children should be resolved.
A Guardian Ad Litem can be an important and useful tool during a Court proceeding involving children. Call Phipps at (813) 600-3201 or Contact Us to schedule a free 15 minute telephone consultation to better understand your rights and to learn how legal representation may benefit you with your specific situation.