Discretionary appointment of counsel

Key_development Question_mark

Legislation, Custody Disputes - Children

In dissolution proceedings, Fla. Stat. § 61.401 provides, “In an action for dissolution of marriage or for the creation, approval, or modification of a parenting plan, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for a child to act as attorney or advocate; however, the guardian and the legal counsel shall not be the same person.”

Appointment of Counsel: discretionary Qualified: no