Page 13 - First Coast Vol 3 No 5

LYNN M. SALVATORE | Family Law
A Child’s Voice: The Role of the Guardian Ad Litem in Family Law Proceedings
Incases where the parents are unable to reach an agree- ment, courts are faced with the daunting task of determining parental responsibility, a parenting plan and a time-sharing schedule. In establishing or modifying parenting and time-sharing plans, courts must consider the best interests of the mi- nor child “by evaluating all factors a ecting the welfare and interests of the particular minor child and the circumstances of that family,” includ- ing but not limited to the 20 factors set forth in Florida Statute §61.13. Although they are intimately a ected in custody cases and their ultimate best interests are being determined by a virtual stranger, children are not parties to family law proceedings and may not be brought to court without prior order of the court, with the ex- ception of an emergency or in the case
of an uncontested adoption.
How can family law practitioners
and family law courts ensure that children are heard and their well- being is given priority in adversarial proceedings? Court-appointed social investigators conduct social investi- gations and provide the court with a written study concerning relevant de- tails relating to the children and par- ents. e majority of court-appointed investigators are licensed psycholo- gists who conduct their investigations from their o ces. Like the children at issue, court-appointed social investi- gators are not parties to the family law case.
e guardian ad litem (GAL) is a party, has the right to address the court, and is an independent fact in- vestigator in the trial court proceed- ing from the date of appointment until discharged. e GAL acts as the child’s next best friend and in the mi- nor child’s interest. e GAL’s over-
riding consideration is the best inter- est of the child, even when it con icts with the child’s desires.
In the last issue of Attorney at Law Magazine’s For the Greater Good, Judge David Gooding said, “It is of- ten said that guardians ad litem are the ‘eyes and ears’ of the court.” As Judge Gooding has observed, guard- ians ad litem are expected to proac- tively advocate for the best interests of children every day. Unlike most licensed psychologist social investiga- tors, guardians ad litem visit outside their o ces visit with the children and other individuals.
A guardian ad litem may be ap- pointed in an initial or modi cation proceeding involving a parenting plan, in cases with signi cant con- ict between parents regarding chil- dren’s issues, and in cases where there are concerns regarding the children’s well-being. A guardian ad litem is required in family law cases of well- founded, veri ed allegations of abuse, abandonment, or neglect, as de ned by Florida Statute §39.01. Florida Statutes §§61.401-405.
Once appointed, the GAL has a duty to review pending court le and les of potentially relevant judicial proceedings. e GAL must be pro- vided with copies of all pleadings, notices, and other documents led in the action and is entitled to reason- able notice before any action a ecting the child is taken by parties, counsel or the court. A er proper notice to parties, the GAL will interview the child, witnesses, and other persons concerning the welfare of child. e GAL may request the court to order expert examinations of the child, par- ents, and other interested parties, by doctors, dentists, and other health care providers including psychiatrists, psychologists, or other mental health
AttorneyAtLawMagazine.com
professionals.
rough counsel, the GAL may le
pleadings, motions, discovery, or pe- titions for relief as deemed appropri- ate or necessary in furtherance of the guardian’s function. e GAL may pe- tition the court for an order allowing the GAL to inspect and copy records or documents related to the child, parents, other custodial persons, or household members. rough coun- sel the GAL is entitled to be present and participate in all depositions, hearings, and other proceedings and may compel the attendance of wit- nesses. e GAL must submit recom- mendations regarding any stipula- tion, or agreement, whether inciden- tal, temporary, or permanent, which a ects the interest or welfare of child within 10 days a er the date such stip- ulation or agreement is served upon the GAL.
e GAL is required to le a writ- ten report, which may include rec- ommendations and a statement of the child’s wishes. e report must be led and served on the parties at least 20 days prior to the hearing unless waived by the court. Statutory and evidentiary rules apply as to hearsay contained in the GAL report.
e GAL must be an attorney in good standing, certi ed by the State GAL Program, or certi ed by a not- for-pro t legal aid organization pur- suant to background and training requirements set forth in Fla. Stat. 61.402. If there are well-founded al- legations of abuse, abandonment or neglect, the GAL must be attorney in good standing or certi ed by the GAL Program. A quali-
ed guardian ad litem is absolutely instrumental in a child’s voice being heard.
A 1990 graduate of the University of Florida College of Law, Lynn Salvatore has been practicing law in northeast Florida for 28 years, as a private practitioner and government attorney for the State of Florida, Guardian Ad Litem Program, and the State of Florida Department of Children and Families. Salvatore is an experienced social investi- gator and court-appointed Guardian Ad Litem. As an associate at Zisser Family Law in Neptune Beach, Salvatore is committed to helping the community and her profession. Her passion remains assisting families involved in the legal system.
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