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Section 61.45, Florida Statutes
For the latest version of this statute, go to http://www.leg.state.fl.us.
Court-ordered parenting plan; risk of violation; bond.—
(1)In any proceeding in which the court enters a parenting plan, including a time-sharing schedule, including in a modification proceeding, upon the presentation of competent substantial evidence that there is a risk that one party may violate the court’s parenting plan by removing a child from this state or country or by concealing the whereabouts of a child, upon stipulation of the parties, upon the motion of another individual or entity having a right under the law of this state, or if the court finds evidence that establishes credible risk of removal of the child, the court may:
(a)Order that a parent may not remove the child from this state without the notarized written permission of both parents or further court order; Read more →
Section 61.405, Florida Statutes
For the latest version of this statute, visit http://www.leg.state.fl.us.
Guardians ad litem; immunity.—Any person participating in a judicial proceeding as a guardian ad litem shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed.
Section 61.404, Florida Statutes
For the latest version of this statute, visit http://www.leg.state.fl.us.
Guardians ad litem; confidentiality.—The guardian ad litem shall maintain as confidential all information and documents received from any source described in s. 61.403(2) and may not disclose such information or documents except, in the guardian ad litem’s discretion, in a report to the court, served upon both parties to the action and their counsel or as directed by the court.
Section 61.403, Florida Statutes
Guardians ad litem; powers and authority.—A guardian ad litem when appointed 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. A guardian ad litem shall have the powers, privileges, and responsibilities to the extent necessary to advance the best interest of the child, including, but not limited to, the following:
(1)The guardian ad litem may investigate the allegations of the pleadings affecting the child, and, after proper notice to interested parties to the litigation and subject to conditions set by the court, may interview the child, witnesses, or any other person having information concerning the welfare of the child. Read more →
Section 61.402, Florida Statutes
Qualifications of guardians ad litem.—
(1)A person appointed as a guardian ad litem pursuant to s. 61.401 must be:
(a)Certified by the Guardian Ad Litem Program pursuant to s. 39.821;
(b)Certified by a not-for-profit legal aid organization as defined in s. 68.096; or
(c)An attorney who is a member in good standing of The Florida Bar. Read more →
Section 61.401, Florida Statutes
Appointment of guardian ad litem.—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. In such actions which involve an allegation of child abuse, abandonment, or neglect as defined in s. 39.01, which allegation is verified and determined by the court to be well-founded, the court shall appoint a guardian ad litem for the child. The guardian ad litem shall be a party to any judicial proceeding from the date of the appointment until the date of discharge.
For the latest version of this statute, visit http://www.leg.state.fl.us.
Section 61.30, Florida Statutes
Child support guidelines; retroactive child support.—
(1)
(a)The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with either parent. This requirement applies to any living arrangement, whether temporary or permanent. Read more →
Section 61.29, Florida Statutes
Child support guidelines; principles.—The following principles establish the public policy of the State of Florida in the creation of the child support guidelines:
(1)Each parent has a fundamental obligation to support his or her minor or legally dependent child.
(2)The guidelines schedule is based on the parent’s combined net income estimated to have been allocated to the child as if the parents and children were living in an intact household.
(3)The guidelines encourage fair and efficient settlement of support issues between parents and minimizes the need for litigation.
For the latest version of this statute, visit http://www.leg.state.fl.us.
Section 61.21, Florida Statutes
Parenting course authorized; fees; required attendance authorized; contempt.—
(1)LEGISLATIVE FINDINGS; PURPOSE.—It is the finding of the Legislature that:
(a)A large number of children experience the separation or divorce of their parents each year. Parental conflict related to divorce is a societal concern because children suffer potential short-term and long-term detrimental economic, emotional, and educational effects during this difficult period of family transition. This is particularly true when parents engage in lengthy legal conflict.
(b)Parents are more likely to consider the best interests of their children when determining parental arrangements if courts provide families with information regarding the process by which courts make decisions on issues affecting their children and suggestions as to how parents may ease the coming adjustments in family structure for their children. Read more →
