Understanding the Role of an Attorney Ad Litem and Guardian Ad Litem in Florida

An attorney ad litem and a guardian ad litem are court-appointed legal representatives for those who cannot represent themselves in court. In Florida, a judge often appoints these professionals for a minor in various family law cases, usually involving divorce, custody, dependency cases, creating or modifying parenting plans, or domestic violence. 

An attorney ad litem focuses solely on representing a child’s opinions and desires throughout the legal process. While they are often used interchangeably, it is important to note that a guardian ad litem is not required to be an attorney and must represent a child’s best interests, even if the legal best interests of the child may be diametrically opposed to what the child wants.

Compassionate Gainesville Child Custody Attorney

Attorney Adriane Isenberg has served as a strong advocate for children as a guardian ad litem and attorney ad litem since 1994. Her extensive experience in family law and her passion for protecting at-risk children are evident in her work. She is a successful negotiator and a seasoned litigator in complex legal matters. Her approach to navigating complex family dynamics is marked by empathy, objectivity, and a steadfast focus on a child’s best interests and/or desires.

Legal Authority of an Attorney Ad Litem and a Guardian Ad Litem includes:

  • Investigating the events surrounding allegations that affects an at-risk child
  • Interviewing the child, witnesses, or anyone with information pertinent to the case
  • Petitioning the court for orders to access and copy school records, medical records, psychologist, or psychiatrist records of anyone in the household
  • Requesting the court to order expert examinations of the child or other interested parties in the legal action 
  • Receiving copies of all documents, pleadings, and notices with reasonable notice before any actions take place affecting the child 
  • Participating in court proceedings such as attending hearings, presenting evidence, filing motions, calling witnesses, and presenting arguments to advocate for the child’s needs and wishes
  • Making oral and written recommendations to the court

Once a guardian ad litem or attorney ad litem is court-appointed, they become a party to the case with the same rights and responsibilities as the other parties.

When is an Attorney Ad Litem or Guardian Ad Litem Needed?

While it may be uncomfortable for parents, anytime there is a legal controversy over the placement and future of a child, an attorney ad litem, guardian ad litem, or both may be appointed. Even if the parents disagree, the court highly regards the recommendations of an attorney ad litem or guardian ad litem. Recommendations may be a specific timesharing arrangements or parenting plans based on a child’s wishes, parental fitness and safety concerns. They may continue monitoring a child’s welfare after a court decision and report to the court if detrimental issues arise.

What are Dependency Cases?

For dependency cases, where a child is considered to be at risk of abuse, neglect, or abandonment, the Department of Children and Families (DCF) may remove the child from the home temporarily or permanently. DCF is the state agency responsible for investigating and providing services to children and families in cases of domestic abuse and violence. At Adriane M. Isenberg, P.A., we help parents overcome the obstacles that lead to the removal of a child and achieve reunification with their children.

Adriane M. Isenberg, P.A.: Experienced Family Law Lawyer

At our Gainesville family law firm, we advocate for every child’s voice to be heard in the legal process. We aim to create a safe, stable, and nurturing environment where children can grow and thrive. At our firm, we approach each case with sensitivity, recognizing the emotional impact of family dynamics on a child. 

At Adriane M. Isenberg, P.A., our legal services extend beyond representing a child in need. We also provide comprehensive legal assistance regarding divorce, adoptions, paternity, pre-and post-nuptial agreements, guardianships, and estate planning. With us, you can be confident that all of your family law needs will be met.

To learn more about Attorney Adriane M. Isenberg’s legal services, contact our Gainesville office at (352) 331-4922 to schedule a confidential appointment with a family law attorney who cares. We are here to help you navigate the complexities of family law.