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Private Guardian Ad Litem (GAL)

In Florida family law, it may be appropriate to seek the appointment of a guardian ad litem (“GAL”) for the child or children, as the primary goal of the family law system is to make the child’s well-being the highest priority. Courts most frequently appoint a GAL in cases involving high-conflict custody disputes, allegations of abuse or neglect, relocation matters, parenting plan modifications where the child’s welfare is in question, and any proceeding where the court needs an independent investigation to determine what arrangement serves the child’s best interest. Either parent’s attorney may also request a GAL appointment. Furthermore, the parties Attorney can agree to use a specific GAL.

The GAL is not an attorney for either parent. The GAL is an independent fact-finder whose sole obligation is to the child at the center of the case. According to Florida statute 61.403, the guardian ad litem “shall act as next friend of the child, investigator or evaluator, not as attorney or advocate but shall act in the child’s best interest.” 

Under Florida Statute §61.403, a Guardian Ad Litem has broad authority to advance the child’s best interest. That includes:

• Investigating the allegations in the case—interviewing the child, both parents, witnesses, teachers, therapists, and anyone with relevant information about the child’s welfare.
• Petitioning the court for access to records from hospitals, physicians, psychologists, schools, and other agencies.
• Requesting expert examinations of the child, parents, or other interested parties by medical or mental health professionals.
• Filing a written report with findings, recommendations, and a statement of the child’s wishes—served on all parties at least 20 days before the hearing.
• Participating in all proceedings, including depositions, hearings, and mediations, and reviewing every pleading filed in the case.
• Submitting recommendations to the court on any stipulation or agreement that affects the child’s interest or welfare.

All information and documents received by the GAL are confidential under §61.404 and may only be disclosed in a report to the court or as directed by the court.

Attorney Simone Freitas has over a decade of experience as a family law attorney, she enters the courtroom with a deep, practiced understanding of how the judicial system approaches family matters giving her an immediate advantage in advocating effectively for the children she represents.

Attorney Simone Freitas is compassionate and approaches each case not just as a legal matter, but as a deeply personal responsibility. As a parent herself, she listens and connects naturally with children, earning their trust while ensuring their voices are heard. She is guided by a single, unwavering principle: the best interests of the child come first. She brings honesty, empathy, and careful judgment to every decision, never losing sight of the child at the center of the case.

GUARDIAN AD LITEM FAQS