Order Appointing Guardian Ad Litem {12.942(b)} | Pdf Fpdf Doc Docx | Florida

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Order Appointing Guardian Ad Litem {12.942(b)} | Pdf Fpdf Doc Docx | Florida

Order Appointing Guardian Ad Litem {12.942(b)}

This is a Florida form that can be used for Motions within Statewide, Family Law.

Alternate TextLast updated: 2/11/2011

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IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. ORDER APPOINTING GUARDIAN AD LITEM Upon ( ) Petitioner's ( ) Respondent's ( ) Court's own motion to appoint guardian ad litem for the minor child(ren) herein and the Court finding that: a. ___ verified allegations of child abuse or neglect as defined in sections 39.01(2) or (45), Florida Statutes, have been made and are determined to be well-founded, OR b. ___ it is otherwise in the best interests of the child(ren) that a guardian ad litem be appointed to advance the best interests of the minor child(ren) because: _______________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ______________________________________________________________, it is thereupon ORDERED as follows: 1. A guardian ad litem shall be appointed for the minor child(ren), {name(s)} __________________ ______________________________________________________________________________, now residing at {street address} ____________________________________________________. 2. The State of Florida Guardian ad Litem Program for the Judicial Circuit shall assign a certified guardian ad litem for the minor child(ren). Upon filing of the Notice of Acceptance, the guardian ad litem can be served c/o Guardian ad Litem Program, {address} _____________________________________________________________ Pursuant to the State of Florida Guardian ad Litem Standards of Operation adopted by the Supreme Court of Florida, if the Guardian ad Litem Program is appointed in the absence of a well founded allegation of abuse or neglect, an automatic discharge by the Court will occur upon filing of a Motion to Discharge by the Program if the Program does not have sufficient volunteer and/or supervisory resources available to accommodate this appointment. OR {name} , an attorney in good standing with The Florida Bar, is appointed to serve as a private guardian ad litem for the above minor child(ren). The fees of the private guardian shall be paid by: ( ) Petitioner ( ) Respondent ( ) each party equally ( ) other, {specify} _____________ Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (12/10) American LegalNet, Inc. www.FormsWorkFlow.com ______________________________________________________________________________. 3. The guardian ad litem is a party to any judicial proceeding from the date of this order until the date of discharge and shall have all of the powers, privileges, and responsibilities authorized in section 61.403, Florida Statutes, to the extent necessary to advance the best interests of the minor child(ren). 4. The guardian ad litem must be provided with copies of all pleadings, notices, stipulations, and other documents filed in this action and is entitled to reasonable notice before any action affecting the child(ren) is taken by either of the parties, their counsel, or the Court. The guardian ad litem is entitled, through counsel, to be present at any depositions, hearings, or other proceedings concerning the minor child(ren). 5. The guardian ad litem may investigate the allegations of the pleadings affecting the minor child(ren), and after proper notice may interview witnesses or any other person having information concerning the welfare of the minor child(ren). 6. The guardian ad litem shall maintain any information received from any source described in section 61.403(2), Florida Statutes, as confidential and shall not disclose such information except in reports to the Court served upon both parties to this cause and their counsel, or as directed by the Court. 7. The parties, or any other person entrusted by the parties with the care of the minor child(ren) shall allow the guardian ad litem access to the minor child(ren) at reasonable times and locations and no person shall obstruct the guardian ad litem from the minor child(ren). 8. The guardian ad litem shall submit his or her recommendations to the Court regarding any stipulation or agreement, whether incidental, temporary, or permanent, which affects the interest or welfare of the minor child(ren), within 10 days after the date the stipulation or agreement is served upon the guardian ad litem. 9. The guardian ad litem shall file a written report with the Court, which may include recommendations and a statement of the wishes of the minor child(ren). The report must be filed and served on all parties at least 20 days prior to the hearing at which it will be presented unless the Court waives such time period. The guardian ad litem's report shall address the following areas, subject to any conditions ordered by this Court: a. ___ parental responsibility of child(ren); b. ___ residence of child(ren); c. ___ time-sharing including times and locations; d. ___ appearance of child(ren) at depositions/hearings; e. ___ relocation; f. ___ best interests of child(ren) regarding scientific tests; and/or g. ___ other ________________________________________________________________ This appointment is subject to the following conditions: Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (12/10) American LegalNet, Inc. www.FormsWorkFlow.com 10. The guardian ad litem is automatically discharged without further order 30 days after the entry of a final order or judgment in this proceeding, unless otherwise ordered by the Court. DONE AND ORDERED at ___________________________, Florida, on . CIRCUIT JUDGE A copy of the {name of document(s)} ________________________________________________ was [Choose one only] ( ) mailed ( ) faxed and mailed ( ) hand delivered to the parties listed below on {date}________________ by {clerk of court or designee} ____________________________________. Petitioner (or his or her attorney) Respondent (or his or her attorney) Guardian ad Litem Program Other: Florida Supreme Court Approved Family Law Form 12.942(b), Order Appointing Guardian ad Litem (12/10) American LegalNet, Inc. www.FormsWorkFlow.com

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