Form 12.942(A) "Motion for Appointment of Guardian Ad Litem" - Florida

What Is Form 12.942(A)?

This is a legal form that was released by the Florida Courts - a government authority operating within Florida. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on November 1, 2015;
  • The latest edition provided by the Florida Courts;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 12.942(A) by clicking the link below or browse more documents and templates provided by the Florida Courts.

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Download Form 12.942(A) "Motion for Appointment of Guardian Ad Litem" - Florida

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INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.942(a)
MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM (11/15)
When should this form be used?
This form may be used by either party in a family law case involving parenting, time–sharing, or
paternity of a minor child(ren) to request that the judge appoint a guardian ad litem to represent the
best interests of the minor child(ren). You should use this form if you feel that your child(ren) needs
someone other than you to ensure that both the judicial system and the other party(ies) act(s) in the
best interests of the child(ren). A guardian ad litem may be a volunteer who has been trained and
certified by the State of Florida Guardian ad Litem Program or an attorney who is a member in good
standing with The Florida Bar.
This form should be typed or printed in black ink. After completing this form, you should file the original
with the clerk of the circuit court in the county where your case is filed and keep a copy for your
records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
A copy of this form must be mailed, e-mailed, or hand delivered to the other party in your case.
It is possible that there will be a hearing on your motion. The judge may want to hear the reasons you
feel an appointment of a guardian ad litem is necessary, or, the other party may object to your motion.
If a hearing is required, check with the clerk of court, family law court staff, or judicial assistant for
information on the local procedure for scheduling a hearing. When you know the date and time of your
hearing, you should file Notice of Hearing (General), Florida Supreme Court Approved Family Law Form
12.923, or other appropriate notice of hearing form, and provide a copy to the other party.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link
Instructions for Florida Supreme Court Approved Family Law Form 12.942(a), Motion for Appointment of
Guardian ad Litem (11/15)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.942(a)
MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM (11/15)
When should this form be used?
This form may be used by either party in a family law case involving parenting, time–sharing, or
paternity of a minor child(ren) to request that the judge appoint a guardian ad litem to represent the
best interests of the minor child(ren). You should use this form if you feel that your child(ren) needs
someone other than you to ensure that both the judicial system and the other party(ies) act(s) in the
best interests of the child(ren). A guardian ad litem may be a volunteer who has been trained and
certified by the State of Florida Guardian ad Litem Program or an attorney who is a member in good
standing with The Florida Bar.
This form should be typed or printed in black ink. After completing this form, you should file the original
with the clerk of the circuit court in the county where your case is filed and keep a copy for your
records.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be
filed electronically except in certain circumstances. Self-represented litigants may file petitions or other
pleadings or documents electronically; however, they are not required to do so. If you choose to file
your pleadings or other documents electronically, you must do so in accordance with Florida Rule of
Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.
What should I do next?
A copy of this form must be mailed, e-mailed, or hand delivered to the other party in your case.
It is possible that there will be a hearing on your motion. The judge may want to hear the reasons you
feel an appointment of a guardian ad litem is necessary, or, the other party may object to your motion.
If a hearing is required, check with the clerk of court, family law court staff, or judicial assistant for
information on the local procedure for scheduling a hearing. When you know the date and time of your
hearing, you should file Notice of Hearing (General), Florida Supreme Court Approved Family Law Form
12.923, or other appropriate notice of hearing form, and provide a copy to the other party.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of Judicial Administration now require that all documents required or
permitted to be served on the other party must be served by electronic mail (e-mail) except in certain
circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial
Administration. If you elect to participate in electronic service, which means serving or receiving
pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review
Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link
Instructions for Florida Supreme Court Approved Family Law Form 12.942(a), Motion for Appointment of
Guardian ad Litem (11/15)
to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules
of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail addresses by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read “General Information for Self-Represented Litigants” found at the
beginning of these forms. You may also want to contact the Guardian ad Litem Program office in your
area or see sections 61.401-405, Florida Statutes.
Special notes
Order. These family law forms contain an Order Appointing a Guardian ad Litem, Florida Supreme
Court Approved Family Law Form 12.942(b), which the judge may use. You should check with the clerk,
family law intake staff, or judicial assistant to see if you need to bring a blank order form with you to the
hearing. If so, you should type or print the heading, including the circuit, county, case number, division,
and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Supreme Court Approved Family Law Form 12.942(a), Motion for Appointment of
Guardian ad Litem (11/15)
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
Case No.: ___________________________ __
Division: __________________________________________________________________________________ _____
___________________________________,
Petitioner,
and
____________________________________,
Respondent,
MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM
_____ Petitioner _____ Respondent requests that the Court enter an order appointing a guardian ad
litem with all powers, privileges, and responsibilities authorized in section 61.403, Florida Statutes, and
states:
1.
The following minor child(ren) is (are) subject to this proceeding:
Name
Birth date
Age
Sex
Location/Address
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
2.
Verified allegations of child abuse or neglect as defined in sections 39.01(2) or (45),
Florida Statutes, _____ HAVE _____ HAVE NOT been made in this case.
3.
The matters before the Court regarding the minor child(ren) are _____ establishment or
_____ modification of:
a. sole/shared parental responsibility
b. Parenting Plan and time-sharing schedule
c. Other: __________________________________________________________________
______________________________________________________________________________
4.
It is in the best interests of the minor child(ren) that a guardian ad litem be appointed to
advance the best interests of the minor child(ren) because:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Florida Supreme Court Approved Family Law Form 12.942(a), Motion for Appointment of Guardian ad Litem (11/15)
I certify that a copy of this document was (
) mailed (
) faxed and mailed (
) e-mailed (
) hand-
delivered to the person(s) listed below on {date}.__________________________________________.
Other party or his/her attorney:
Name: _______________________________
Address:____________________________________
City, State, Zip: ______________________________
Telephone Number: __________________________
Fax Number: ________________________________
Designated E-mail Address(es):__________________
___________________________________________
_______________________________________
Signature of Petitioner
Printed Name: ___________________________
Address: _______________________________
City, State, Zip: __________________________
Telephone Number: ______________________
Fax Number: ____________________________
Designated E-mail Address(es): _____________
_______________________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the _____ Petitioner _____ Respondent.
This form was completed with the assistance of:
{name of individual}, ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address} ____________________________________________________________________________,
{city}_________________,{state} _____, {zip code}_________,{telephone number}_________________.
Florida Supreme Court Approved Family Law Form 12.942(a), Motion for Appointment of Guardian ad Litem (11/15)