A Guardian ad litem is usually appointed by the court in a dissolution of marriage action. Florida statute 61.401 provides that in an action for dissolution of marriage or the creation, approval, or modification of the parenting plan, if the court finds it is in the best interests 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.
A Guardian ad litem is generally an attorney who is a member of the Florida Bar. A Guardian ad litem may also be an individual certified by the Guardian ad litem program.
A Guardian, when appointed by the court 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.