By James McCabe, editor · How this site is researched
You are in a Pennsylvania custody case and the judge, the other parent or a lawyer has mentioned a guardian ad litem. Or the county children and youth agency has filed a dependency petition and a guardian ad litem has been assigned to your child. Pennsylvania handles these two situations under two different sets of court rules. This guide covers both, using the rules in the Pennsylvania Code.
The short version
- In a custody case, a guardian ad litem is optional. Under Pa.R.Civ.P. 1915.11-2, the court "may" appoint one on its own motion or a party's motion if it is "necessary for determining the child's best interest."
- The custody guardian ad litem must be a licensed attorney or a licensed mental health professional. They represent the child's best interest, not the child's legal interest.
- The appointment order can split the reasonable cost of the guardian ad litem between the parties.
- The written report must reach the parties no later than 20 days before the hearing or trial, unless the court orders otherwise. You then have 10 days to file a comment or an objection.
- In a dependency case, Pa.R.J.C.P. 1151 says the court "shall" assign a guardian ad litem, often at the very start of the case.
Two kinds of Pennsylvania cases
| Custody case | Dependency case | |
|---|---|---|
| Who files | A parent or other party | The county agency |
| Main rule | Pa.R.Civ.P. 1915.11-2 and 1915.21 | Pa.R.J.C.P. 1151 and 1154 |
| Appointment | Discretionary | Required |
| Who serves | Licensed attorney or licensed mental health professional | Guardian ad litem assigned by the juvenile court |
| Interests represented | Best interest only | Best interests and legal interests, unless they conflict |
| Cost | May be apportioned to the parties in the order | Not set by Rules 1151 or 1154; ask the court |
For a plain explanation of the different job titles, see GAL vs. CASA vs. attorney ad litem. Our Pennsylvania state page lists the state's programs and the volunteer handbook.
Custody cases: when a judge appoints one
The appointment rule is Pa.R.Civ.P. 1915.11-2, last amended in January 2023 and effective April 1, 2023. Its official comment says appointments "should be limited to extraordinary cases." It gives two examples: when the level of conflict is "unusually high," or when the parties cannot give the court the information it needs. The comment also says that the decision about the child's best interests "lies solely with the trial judge," whether or not a guardian ad litem is involved.
Either parent can ask by filing a motion. The general steps are in our guide on how to request a guardian ad litem. Motion practice differs by county.
What the statute says and what was suspended
The custody statute is 23 Pa.C.S. § 5334. The Pennsylvania Supreme Court suspended parts of it in Pa.R.Civ.P. 1915.25. In plain terms, the suspended parts were the ones that required the guardian ad litem to be an attorney, let them represent both the child's best and legal interests, let them question witnesses and present evidence for the child, and barred them from testifying. Read alone, the statute gives an outdated picture.
What the appointment order looks like
Pennsylvania uses a standard form order, set out in Pa.R.Civ.P. 1915.21. The order:
- States that the guardian ad litem "shall not act as the child's attorney."
- Directs schools, police departments, hospitals and social service agencies to give the guardian ad litem access to records about the child. That includes medical and psychological charts and school records.
- Allows the guardian ad litem to "see and speak with the child," family members and providers.
- Requires the guardian ad litem to attend all proceedings and be prepared to testify.
- Has a blank line for how fees "shall be paid." The judge fills that in.
- Ends the appointment when a final order resolves the pending petition, unless a later order says otherwise.
Because the fee split is written into each order, there is no single statewide price. Our guide on guardian ad litem cost and who pays explains how courts typically divide the bill.
The report, your response and the hearing
Rule 1915.11-2(d) sets out a clear sequence. It typically goes like this:
- The guardian ad litem writes a report with "specific recommendations" about the child's best interest and files it with the prothonotary.
- The report is confidential. It is part of the court record but not a public record.
- You receive a copy no later than 20 days before the hearing or trial, unless the court sets a different date.
- Within 10 days of receiving it, you may file a comment, which becomes part of the record, or an objection to all or part of the report's admissibility.
- The judge rules on admissibility before the hearing.
- You may subpoena people the guardian ad litem interviewed or named, and documents the guardian ad litem relied on.
At the hearing, the guardian ad litem testifies under oath only if called by a party or the court, and is then open to cross-examination. The rule bars "argument, unsworn opinions, or unsworn testimony." A child's statement in the report or testimony is not "substantive evidence." The comment adds that the guardian ad litem "cannot serve as a mere conduit for hearsay." For general steps on responding to a report you disagree with, see what to do if you disagree with the GAL report.
Dependency cases: a guardian ad litem from day one
When the county agency files a dependency petition, Pa.R.J.C.P. 1151 requires the court to assign a guardian ad litem for the child. If the child was taken into protective custody, the appointment happens "immediately" and before any proceeding. If not, it happens when the petition is filed. Parents who cannot afford a lawyer get one appointed before the first proceeding.
The dependency guardian ad litem's duties are in Pa.R.J.C.P. 1154. They include meeting the child soon after assignment and regularly after that, getting agency, medical and school records, attending every hearing, and interviewing parents, caretakers and foster parents. The guardian ad litem also makes recommendations about placement, services and the child's school, and tells the court what the child wants. If what the child wants and what the guardian ad litem thinks is best come into conflict, the comment explains that a separate guardian ad litem can be assigned.
Common questions
Does Pennsylvania require a guardian ad litem in custody cases?
No. Under Pa.R.Civ.P. 1915.11-2 the court may appoint one on its own motion or a party's motion when it finds the appointment necessary to determine the child's best interest. The rule's comment says appointments should be limited to extraordinary cases.
Who can be a guardian ad litem in a Pennsylvania custody case?
Rule 1915.11-2(b) says the guardian ad litem must be a licensed attorney or a licensed mental health professional. They represent the child's best interest and do not act as the child's lawyer.
Who pays for a guardian ad litem in Pennsylvania?
In a custody case, the appointment order can apportion the reasonable cost between the parties. The standard form order in Rule 1915.21 has a blank where the judge writes how the fees will be paid.
When do I get the guardian ad litem's report in Pennsylvania?
No later than 20 days before the hearing or trial, unless the court orders a different time. Within 10 days of receiving it, a party may file a comment or an objection to its admissibility.
Is a guardian ad litem appointed in every Pennsylvania dependency case?
When a dependency petition alleges a child lacks proper care or has been abandoned, Pa.R.J.C.P. 1151 requires the court to assign a guardian ad litem, immediately if the child is in protective custody.
This is general information, not legal advice. Rules differ by state, county and courtroom, and they change. Verify anything time-sensitive with your supervising GAL staff, the court or a licensed attorney in your state.