Fla. Fam. L. R. P. 12.364

RULE 12.364

SOCIAL INVESTIGATIONS

(a) Applicable to Social Investigations. This rule shall

apply to the appointment of an investigator to conduct a social

investigation and study under section 61.20, Florida Statutes.

(b) Appointment of Social Investigator. When the issue of

time-sharing, parental responsibility, ultimate decision-making, or

a parenting plan for a minor child is in controversy, the court, on

motion of any party or the court’s own motion, may appoint an

investigator under section 61.20, Florida Statutes. The parties may

agree on the particular investigator to be appointed, subject to

-- 109 of 215 --

Family Law Rules of Procedure October 1, 2025 110

approval by the court. If the parties have agreed on the need for a

social investigation or the court has determined there is such need,

and the parties cannot agree on the selection, the court shall select

and appoint an investigator. The social investigator must be

qualified as an expert under section 90.702, Florida Statutes, to

testify regarding the written study.

(c) Order for Social Investigation. The order for a social

investigation shall state whether this is an initial establishment of a

parenting plan or a modification of an existing parenting plan. The

investigator shall be required to consider the best interests of the

child based upon all of factors affecting the welfare and interest of

the particular minor child and the circumstances of that family,

including, but not limited to the statutory factors set forth in

section 61.13, Florida Statutes.

(d) Order Appointing Social Investigator. An order

appointing a social investigator shall state that the investigator is

being appointed under section 61.20, Florida Statutes, and shall

state:

(1) The name, address, and telephone number for each

parent.

(2) The name, address, and telephone number of the

investigator being appointed.

(3) Any specific issues to be addressed.

(4) An initial allocation of responsibility for payment of

the costs for the social investigation. The court may consider taxing

the costs at a final hearing.

(5) The order shall direct the parties to contact the

investigator appointed by the court to establish an appointment

schedule to facilitate timely completion of the investigation. A copy

of the order of appointment shall be provided immediately to the

investigator by the court, unless otherwise directed by the court.

-- 110 of 215 --

Family Law Rules of Procedure October 1, 2025 111

(e) Written Study with Recommendations. The

investigator shall prepare a written study with recommendations

regarding a parenting plan, including a written statement of facts

found in the social investigation on which the recommendations are

based. The written study with recommendations shall be furnished

to the court and a copy provided to all parties of record by the

investigator at least 30 days before any hearing at which the court

is to consider the written study and recommendations, unless

otherwise ordered by the court.

(f) Additional Investigation. After the written study is

furnished to the court, any party may file a motion for an additional

expert examination, evaluation, interview, testing, or investigation.

The court upon hearing may order the additional examination,

evaluation, testing, or interview of the minor child based on the

court finding that the investigation is insufficient and that further

examinations, testing, interviews, or evaluations of the minor child

would be in the best interests of the minor child.

(g) Production of File. On motion of any party, the court

may order the investigator to produce the investigator’s complete

file to another qualified investigator for review by such investigator,

who may render an opinion and testify.