When children are at the center of a custody or family law dispute, the court may appoint a Guardian ad Litem (GAL) to represent the child’s best interests. But what happens if you believe the GAL assigned to your case isn’t doing that job effectively? In some cases, you may have the right to request a different Guardian ad Litem in Florida—but it’s not automatic.
Here’s what you need to know about requesting a replacement and how the process works.
Here’s what you need to know about requesting a different GAL in Florida.
What Is a Guardian ad Litem?
A GAL is a neutral third party—usually an attorney or trained advocate—appointed to investigate your case and make recommendations to the court based on what they believe is best for the child.
They do not represent either parent, and their reports and recommendations carry a lot of weight.
When Can You Request a New GAL?
You can’t simply ask for a new GAL because you don’t agree with their recommendations. However, there are valid reasons to request a replacement, such as:
- Clear bias toward one parent
- Failure to communicate or perform their duties
- Conflict of interest
- Unprofessional or unethical conduct
Your concerns must be supported with documentation or examples, not just dissatisfaction.
How Do You Make the Request?
To request a new GAL, your attorney can file a motion with the court explaining the specific issues and asking the judge to consider a replacement.
Courts do not take this lightly. You’ll need to show that continuing with the current GAL would negatively impact the child’s best interests.
Get Legal Guidance Early
If you’re concerned about the GAL in your case, don’t wait. An attorney can help you determine whether a replacement request is warranted—and how to pursue it properly without risking your position in the case.
📞 Need help navigating a custody dispute involving a Guardian ad Litem?
Contact Lipinski Family Law today.
Want to Learn more?
Review Florida Statute Chapter 61 regarding custody and GAL appointments. Link to statute.
