Posted by Nydia Streets of Streets Law in Florida Child Custody
A guardian ad litem can be appointed in a Florida child custody case in order to investigate claims made by the parties, interview the children, and make a recommendation to the court concerning a parenting plan. This was an issue in the case Velasquez v. Mendieta, 3D21-1168 (Fla. 3d DCA November 24, 2021).
The husband in this case filed a motion for temporary timesharing. The judge denied the former husband’s motion without prejudice and appointed a guardian ad litem. There was a domestic violence case and a divorce case pending concurrently. The court entered the order denying temporary time-sharing in the domestic violence case although it was requested in the divorce case. The husband appealed, arguing it was error to enter the order in the domestic violence case where no motion was pending in the domestic violence case concerning time-sharing. The husband also argued it was error to appoint a guardian ad litem where no one requested one in the domestic violence action and the trial court lacked authority to appoint one in that case.
The appellate court rejected these arguments, holding the case number that appeared on the orders was a scrivener’s error. The trial court was directed to correct the error by placing the divorce case number on the orders entered. The appellate court held “Contrary to the Father’s contention, the trial court appointed the GAL in the Divorce Action, not the Domestic Violence Action. As stated earlier, the reference to the case number in the Domestic Violence Action is a scrivener’s error. Further, a trial court has the discretion to appoint a GAL in a dissolution of marriage action if the trial court determines it is in the best interest of the child. See § 61.401, Fla. Stat. (2021). As such, this argument also lacks merit.”
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