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Guardians ad Litem in Florida

What You Should Know Before Agreeing

When parents can’t agree on custody or time-sharing, one side might ask the court to appoint a Guardian ad Litem (GAL). A GAL investigates what’s in the child’s best interest and gives the judge a written report. Sounds helpful, right? Not always.

What a Guardian ad Litem Does

Either spouse can ask for alimony, not just women. To get it, you must prove:

  • Acts as a neutral investigator, not a lawyer for the child.
  • Can interview your child, family members, doctors, teachers—basically anyone.
  • Can request psychological exams of you, your child, or others involved.
  • Prepares a report with recommendations about custody and time-sharing.

The Problem

In reality, GALs often carry huge influence with the court. Once appointed, it can feel like:

The judge is no longer deciding your case—the GAL is.

The GAL sides with the lawyer who requested them.

The report is treated like the final word, especially if the judge knows or trusts the GAL.

Worse, if the report is unfavorable to you and you only get it 20 days before your hearing (or less, if the judge waives the time), it can be nearly impossible to challenge it properly.

Our Experience: A Warning

We’ve seen cases where GALs:

Made up quotes from witnesses.

Were friends with opposing counsel or even the judge.

Tried to push one parent out of the child’s life.

In one case, we proved the GAL’s report was false—and got it withdrawn. But even then, the damage to our client’s standing in court was already done.

Should You Agree to a GAL?

Only if you fully trust the system—which, frankly, you shouldn’t unless:

You have a say in who gets picked, or

You know you’re on good terms with the judge and opposing counsel.

Otherwise, be cautious. GALs are expensive and act like private judges behind closed doors.

Bottom Line

Object to the appointment of a Guardian ad Litem unless absolutely necessary.

GALs often control the outcome without real checks and balances.

If one is appointed, be ready to challenge their report, question their sources, and demand the truth.

At Miller Law Firm, we know how to take on biased GALs and fight for a fair trial—not one decided behind closed doors.

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Every now and then we’ll have someone call us asking about handling their Florida divorce.  When we ask where they live, they’ll tell us Georgia or someplace other than Florida.  Okay, we think, what about the spouse?  Is she currently living in Florida?  Negative.  She’s in Ohio. 

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