Guardian ad Litem in Custody Cases: Role and Limits

In some custody cases, the judge appoints a person whose job is to focus on the child. That person is often called a guardian ad litem, or GAL. Parents who hear the term for the first time often have questions: Who is this person? Who do they work for? What will they ask? And how much weight will the judge give their views?

This guide explains the role in general terms. The details differ a great deal from state to state, and even between courts in the same state. Your court's orders and rules control your case.

Where custody cases are heard

Custody is mainly a matter of state law. The U.S. Courts comparison of federal and state courts notes that family law cases, such as divorces, are generally heard in state courts, and that many states have specialized courts, such as family or juvenile courts. That is why the rules for guardians ad litem come from each state.

What "guardian ad litem" means

"Ad litem" is a Latin phrase meaning "for the lawsuit." A guardian ad litem is appointed for a particular case. The appointment usually ends when the case ends or when the court says so. It is different from a guardian who has ongoing legal authority over a child's care, such as in a guardianship case.

Courts use guardians ad litem in different kinds of cases. For example, Utah's Office of Guardian ad Litem explains that it provides attorneys to represent the best interests of children in juvenile court cases involving alleged abuse, neglect, and dependency. In private custody disputes between parents, a court may appoint a GAL or a similar role under its own state's rules.

Best interests, not either parent

Courts decide custody based on the best interests of the child. California's court self-help page on child custody and visitation explains that parenting plans must be in the best interest of the children. A guardian ad litem is usually appointed to help the court understand what that means for a particular child.

This leads to a key point: a GAL does not work for either parent. Even if one parent asked for the appointment, or the parents share the cost, the GAL's focus is the child. In some states and some cases, the GAL is a lawyer. In others, the GAL may be a trained volunteer or another professional. Some courts also appoint a separate lawyer to represent the child's wishes, which is a different role.

What a GAL often does

The tasks depend on the court's order. In many cases, a GAL may:

• Interview each parent, sometimes more than once.
• Talk with the child in a way suited to the child's age.
• Visit each parent's home.
• Review school, medical, and counseling records.
• Speak with teachers, doctors, therapists, or other people who know the child.
• Write a report or make recommendations to the court.
• Take part in hearings, depending on the state.

The order appointing the GAL usually describes the GAL's tasks and powers. Ask for a copy and read it.

The limits of the role

Understanding the limits can reduce frustration:

• The judge decides. A GAL may make recommendations, but the judge makes the custody decision. Judges can agree with, partly follow, or disagree with a GAL.
• Not your advocate. A GAL is not there to tell your side of the story. If you need someone to advocate for you, that is your own lawyer's role.
• Confidentiality may be limited. What you tell a GAL may appear in a report to the court. Do not assume a conversation is private.
• Not a therapist. A GAL is not there to provide counseling to the family, even if they recommend it.
• Rules vary. Whether a GAL can be questioned in court, what records they can see, and how they are paid all depend on state rules and the court's order.

How to work with a GAL

Parents often worry about what to say. Practical steps:

• Be honest and specific. Give facts, dates, and examples, not just general complaints.
• Focus on the child. Explain the child's routine, needs, school, health, and relationships.
• Bring documents. School reports, medical records, and a calendar of parenting time can help.
• Stay respectful about the other parent. Raise real concerns, but avoid insults.
• Respond promptly. Return calls and keep appointments.
• Do not coach the child. Children should be free to speak for themselves.

If you have safety concerns, such as domestic violence or abuse, tell your lawyer and the GAL clearly. Courts treat safety issues seriously, and special rules may apply.

When a lawyer can help

A guardian ad litem is not a substitute for your own legal advice. A family law lawyer can explain how GALs work in your state and court, help you prepare for interviews, review the GAL's report, and tell you what options exist if you disagree with it.

If you cannot afford a lawyer, the USAGov legal aid page lists free and low-cost programs. Many of them help with family law, including custody disputes. Your court's self-help center may also explain local GAL procedures.

Frequently asked questions

Can I ask the court to appoint a guardian ad litem?

In many courts, either parent can ask. The judge decides whether an appointment is appropriate and who pays.

Does the GAL decide who gets custody?

No. The GAL may make recommendations. The judge makes the decision.

Is what I tell the GAL confidential?

Often it is not. Statements may be included in a report to the court. Ask your lawyer about the rules in your state.

What if I think the GAL's report is wrong?

Talk to your lawyer. Depending on the state, you may be able to respond to the report, offer other evidence, or question the GAL. Act quickly, because court schedules can move fast.

Related: Browse more legal guides and family law lawyers.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.