Guardian ad litem (GAL) guide
Learn what a guardian ad litem is, how to ask for one, what to do if you can’t pay their fee, how to cooperate with their investigation, and what you can do if you disagree with the guardian ad litem report.
Much of the information in this guide also applies to parenting evaluators, and family court investigators.
Contents
1. Fast facts
What does a GAL do?
In a family law court case where the judge must decide on a parenting plan, the judge may assign (appoint) a Guardian ad Litem (a GAL) to investigate your household and the other parent’s household and then recommend a parenting plan in the children’s best interest. The court can ask the GAL to recommend such important things as:
- Whom the children should live with.
- How much visitation time a parent should have.
- If a parent’s visits with the children should be supervised.
- If a parent should meet certain requirements to be able to spend time with the children.
- Who gets to make decisions about the children.
Or the judge might limit the GAL’s investigation and report to just specific issues, such as domestic violence or a parent’s alcohol or drug abuse.
You or the other parent can ask the judge to appoint a GAL, or the judge can decide on their own to appoint one.
A GAL can be a lawyer, mental health professional, or volunteer. All GALs must have training on issues that affect a child’s welfare. The GAL must meet standards set by law.
GALs are “mandated reporters.” This means a GAL must report a family to law enforcement or to Child Protective Services (CPS) when the GAL has reason to believe a child has been abused or neglected.
Is the GAL a party to the case?
Yes. Once appointed, the GAL becomes a party to the case. This means the GAL must get notice of when all court hearings are happening and copies of all papers you file with the court.
Even if you and the other parent can agree to a solution to your case without needing a court hearing or trial, you must get the GAL’s approval of any agreed court orders that affect the children.
How does a GAL investigate?
The GAL can investigate past criminal records, court records, and other important records. The GAL will interview you and the other parent. The GAL may talk to, or ask for written statements from, friends or other family. The GAL should interview any professionals (such as counselors) involved with the children or the parents.
The GAL can observe you and the children at your home and the other parent’s home, in the GAL’s office, or in another setting.
Most judges take the GAL’s recommendations very seriously. Cooperate as best as you can with the GAL.