High-conflict custody cases need more than two opposing arguments — they need an independent investigator focused entirely on the child. That’s the role of a Guardian Ad Litem, and it’s the work Carlos Funes was built for.
In contested custody and parenting plan cases, a Guardian Ad Litem can be the most important voice in the courtroom, because it’s the only voice that belongs entirely to the child.
Nest Law offers private Guardian Ad Litem services for Florida family law matters. Our GAL, Carlos Funes, is a credentialed family law attorney with over a decade of litigation experience who serves as a court-appointed investigator, evaluator, and advocate for the child’s best interests.
In Florida family law, it may be appropriate to seek the appointment of a guardian ad litem (“GAL”) for the child or children, as the primary goal of the family law system is to make the child’s well-being the highest priority. For instance, courts require a child to be represented by a guardian ad litem as an indispensable party during a hearing to determine whether a blood test should be ordered when a putative father challenges the presumption of legitimacy. Clients should also be aware that guardian ad litem fees may be charged as a cost of litigation, and the trial court possesses the inherent authority to ensure that a court-appointed guardian ad litem is paid.
The GAL is not an attorney for either parent. The GAL is an independent fact-finder whose sole obligation is to the child at the center of the case.
Courts most frequently appoint a GAL in cases involving high-conflict custody disputes, allegations of abuse or neglect, relocation matters, parenting plan modifications where the child’s welfare is in question, and any proceeding where the court needs an independent investigation to determine what arrangement serves the child’s best interest.
Either parent’s attorney may also request a GAL appointment, or opposing counsel may stipulate to a specific GAL by agreement.
Under Florida Statute §61.403, a Guardian Ad Litem has broad authority to advance the child’s best interest. That includes:
All information and documents received by the GAL are confidential under §61.404 and may only be disclosed in a report to the court or as directed by the court.
Carlos brings a powerful combination of legal acumen and genuine human compassion to every case he takes on. With over a decade of experience as a family law attorney, he enters the courtroom with a deep, practiced understanding of how the judicial system approaches family matters—giving him an immediate advantage in advocating effectively for the children he represents.
Carlos approaches each case not just as a legal matter, but as a deeply personal responsibility. As a parent himself, he connects naturally and authentically with children, earning their trust while ensuring their voices are heard. His early track record reflects a meaningful commitment to family reunification—and where reunification is possible and safe, he works tirelessly toward that goal.
Above all else, Carlos is guided by a single, unwavering principle: the best interests of the child come first. He brings honesty, empathy, and careful judgment to every decision, never losing sight of the child at the center of the case.
Clients, families, and colleagues describe him as someone who listens, who cares, and who shows up—with both the legal expertise to navigate complex proceedings and the heart to make a real difference in a child’s life.
If Carlos has been appointed as the Guardian Ad Litem in your case, the information below will help you prepare.
Nest Law
2650 Biscayne Boulevard, Miami, Florida 33137
Phone: +1 (786) 983-6586
Satellite offices located throughout South Florida available by appointment only.
Monday – Friday, 9:00 a.m. – 5:00 p.m.
Book an appointment with Carlos Funes
Nest Law’s Miami office includes a private conference room available for supervised family visits and child interviews. The space is comfortable, secure, and designed to put children and families at ease during what can be a difficult process.
For questions about our Guardian Ad Litem services—or if you are an attorney seeking to recommend or stipulate to a qualified GAL in a pending matter—contact Nest Law directly.
This page is for informational purposes only and does not constitute legal advice. For guidance regarding your specific situation, please consult with a qualified Florida family law attorney.
The court determines how GAL fees are allocated between the parties. In most cases, costs are split based on each party’s financial ability, though the court has discretion to assign payment differently.
Yes. Under §61.403, the GAL has authority to interview the child and any witnesses after proper notice to interested parties and subject to conditions set by the court. Private interviews with the child are a standard and essential part of the process.
The GAL’s written report is filed and served on all parties at least 20 days before the hearing. It may include recommendations and a statement of the child’s wishes. The court considers the GAL’s findings alongside all other evidence.
No. The report is one factor the court considers, but the judge makes an independent determination based on the totality of the evidence.
A party may file a motion to remove and replace a GAL, but the court will only grant it for good cause. Disagreement with preliminary observations is generally not sufficient.
The GAL is a party to the proceeding from the date of appointment until discharge. Duration depends on the complexity of the case and the court’s timeline.
