| Florida child custody law permits the court to appoint | | | | conduct of the investigation. For layperson guardians |
| three different types experts when divorcing parents | | | | ad litem appointed through court GAL programs, the |
| cannot agree on a parenting plan or when a | | | | reports must meet program standards. Reports from |
| modification action has been filed. Each of these | | | | attorney guardians ad litem are not governed by |
| experts produce a report for the court, but there are | | | | specific content guidelines. |
| big differences in the process, in who will see the | | | | - Custody evaluators usually conduct psychological or |
| report and in how the report can be used. You can | | | | review prior psychological testing. Social investigators |
| ask the judge to appoint any of these experts in your | | | | may or may not use testing, depending on the |
| disputed custody case: | | | | qualifications of the investigator. Guardians ad litem |
| | | | cannot conduct testing but may ask the court to order |
| 1. Custody Evaluator | | | | testing by a licensed expert. |
| 2. Social Investigator | | | | - Custody evaluations are considered evidence and |
| 3. Guardian Ad Litem | | | | must be properly introduced into evidence before the |
| There are four major differences between these | | | | judge can consider them. Social investigations are filed |
| experts: | | | | with the court upon completion and are automatically |
| - Custody evaluators are licensed psychologists. Social | | | | considered by the judge. GAL reports are filed with |
| investigations can be performed by psychologists and | | | | the court and provided to both sides, but are usually |
| other licensed mental health therapists as well as | | | | not admissible as evidence because they are filled with |
| unlicensed court staff or child-placing agency staff. | | | | hearsay statements. |
| Guardians ad litem can be either laypersons trained by | | | | Florida law permits custody evaluations, social |
| the court program or attorneys. | | | | investigations and Guardian ad Litem reports when the |
| - Custody evaluations are governed by the American | | | | parenting plan is in dispute. Know the differences |
| Psychological Association's extensive guidelines for | | | | before you ask the judge to appoint any expert to |
| conducting the evaluation. Social investigations are | | | | investigate and evaluate your family situation during |
| governed by Florida Administrative Rule 64B4-7.006, | | | | your Florida divorce or custody modification case. |
| which speaks to the investigator's qualifications, not the | | | | |