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Florida Statute 61.122 - Full Text and Legal Analysis
Florida Statute 61.122 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
61.122 Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to parent’s filing suit; award of fees, costs, reimbursement.
(1) A psychologist who has been appointed by the court to develop a parenting plan recommendation in a dissolution of marriage, a case of domestic violence, or a paternity matter involving the relationship of a child and a parent, including time-sharing of children, is presumed to be acting in good faith if the psychologist’s recommendation has been reached under standards that a reasonable psychologist would use to develop a parenting plan recommendation.
(2) An administrative complaint against a court-appointed psychologist which relates to a parenting plan recommendation conducted by the psychologist may not be filed anonymously. The individual who files an administrative complaint must include in the complaint his or her name, address, and telephone number. Such an administrative complaint may not be filed until the complainant has moved to disqualify the selection of the psychologist pursuant to subsection (3).
(3) A parent who desires to disqualify the selection of the court-appointed psychologist or file an administrative complaint against the court-appointed psychologist who has acted in good faith in developing a parenting plan recommendation must petition the judge who is presiding over the dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, to appoint an alternative psychologist. Upon the parent’s showing of good cause, the court shall appoint another psychologist. The court shall determine who is responsible for all court costs and attorney fees associated with making such an appointment.
(4) In any supplemental legal action filed against a court-appointed psychologist based upon his or her participation in a dissolution of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, the claimant is responsible for all reasonable costs and reasonable attorney fees associated with the supplemental action for both parties if the psychologist is held not liable. If the psychologist is held liable in civil court, the psychologist must pay all reasonable costs and reasonable attorney’s fees for the claimant.
History.s. 1, ch. 2003-112; s. 7, ch. 2008-61; s. 4, ch. 2009-21; s. 1, ch. 2025-80.

F.S. 61.122 on Google Scholar

F.S. 61.122 on CourtListener

Amendments to 61.122


Annotations, Discussions, Cases:

Cases Citing Statute 61.122

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Lori A. Ford v. Michael Withers Ford, 153 So. 3d 315 (Fla. 4th DCA 2014).

Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19525, 2014 WL 6674771

...(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. § 61.13(3), Fla. Stat. (2012) (emphasis added). In addition to sections 61.001, and 61.13(2), (3), I also submit section 61.122, Florida Statutes (2012), lends support to the notion that the legislature intended for courts to have authority to order parents to attend therapy or counseling when necessary to protect the best interest of children. Section 61.122 governs the liability of psychologists who develop a parenting plan recommendation in dissolution of marriage proceeding. It appears implicit that the legislature envisioned psychologists making recommendations to the court to assist the court in developing parenting plans....
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Roberto Estape v. Stanley B. Seidman, Ph.d. & Stanley B. Seidman Ph.d., P.A., 269 So. 3d 565 (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

...tatutes (2012), as well as administrative regulations regarding psychotherapists, show that the legislature did not intend that absolute immunity apply any time a court appoints a therapist in dissolution of marriage proceedings. For instance, under section 61.122, Florida Statutes (2012), regarding the establishment of a parenting plan, a psychologist who is appointed to develop a plan, including a time-sharing arrangement, is presumed to be acting in good faith....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.