(1) In any action where the parenting plan is at issue because the parents are unable to agree, the court may order a social investigation and study concerning all pertinent details relating to the child and each parent when such an investigation has not been done and the study therefrom provided to the court by the parties or when the court determines that the investigation and study that have been done are insufficient. The agency, staff, or person conducting the investigation and study ordered by the court pursuant to this section shall furnish the court and all parties of record in the proceeding a written study containing recommendations, including a written statement of facts found in the social investigation on which the recommendations are based. The court may consider the information contained in the study in making a decision on the parenting plan, and the technical rules of evidence do not exclude the study from consideration.
(2) A social investigation and study, when ordered by the court, shall be conducted by qualified staff of the court; a child-placing agency licensed pursuant to s. 409.175; a psychologist licensed pursuant to chapter 490; or a clinical social worker, marriage and family therapist, or mental health counselor licensed pursuant to chapter 491. If a certification of indigence based on an affidavit filed with the court pursuant to s. 57.081 is provided by an adult party to the proceeding and the court does not have qualified staff to perform the investigation and study, the court may request that the Department of Children and Families conduct the investigation and study.
(3) Except as to persons who obtain certification of indigence as specified in subsection (2), for whom no costs are incurred, the parents involved in a proceeding to determine a parenting plan where the court has ordered the performance of a social investigation and study are responsible for paying the costs of the investigation and study. Upon submitting the study to the court, the agency, staff, or person performing the study shall include a bill for services, which shall be taxed and ordered paid as costs in the proceeding.
History.—s. 1, ch. 59-186; s. 16, ch. 67-254; ss. 19, 35, ch. 69-106; s. 12, ch. 77-147; s. 27, ch. 77-433; s. 1, ch. 86-101; s. 1, ch. 89-38; s. 4, ch. 99-8; s. 14, ch. 2008-61; s. 6, ch. 2009-180; s. 23, ch. 2014-19.
Note.—Former s. 65.21.
Structure Florida Statutes
Title VI - Civil Practice and Procedure
Chapter 61 - Dissolution of Marriage; Support; Time-Sharing
Part I - General Provisions (Ss. 61.001-61.45)
61.011 - Dissolution in chancery.
61.021 - Residence requirements.
61.031 - Dissolution of marriage to be a vinculo.
61.044 - Certain existing defenses abolished.
61.052 - Dissolution of marriage.
61.061 - Proceedings against nonresidents.
61.071 - Alimony pendente lite; suit money.
61.075 - Equitable distribution of marital assets and liabilities.
61.076 - Distribution of retirement plans upon dissolution of marriage.
61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
61.079 - Premarital agreements.
61.09 - Alimony and child support unconnected with dissolution.
61.12 - Attachment or garnishment of amounts due for alimony or child support.
61.125 - Parenting coordination.
61.13 - Support of children; parenting and time-sharing; powers of court.
61.13001 - Parental relocation with a child.
61.13003 - Court-ordered electronic communication between a parent and a child.
61.1301 - Income deduction orders.
61.13015 - Petition for suspension or denial of professional licenses and certificates.
61.13016 - Suspension of driver licenses and motor vehicle registrations.
61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
61.16 - Attorney’s fees, suit money, and costs.
61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
61.1812 - Child Support Incentive Trust Fund.
61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
61.1816 - Child Support Clearing Trust Fund.
61.1824 - State Disbursement Unit.
61.1825 - State Case Registry.
61.183 - Mediation of certain contested issues.
61.19 - Entry of judgment of dissolution of marriage, delay period.
61.20 - Social investigation and recommendations regarding a parenting plan.
61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
61.29 - Child support guidelines; principles.
61.30 - Child support guidelines; retroactive child support.
61.401 - Appointment of guardian ad litem.
61.402 - Qualifications of guardians ad litem.
61.403 - Guardians ad litem; powers and authority.
61.404 - Guardians ad litem; confidentiality.
61.405 - Guardians ad litem; immunity.
61.45 - Court-ordered parenting plan; risk of violation; bond.