By James McCabe, editor · How this site is researched
A judge has appointed a guardian ad litem in your custody case, and the order says almost nothing about what that person will actually do. This guide explains the job in plain terms: what a GAL is there to find out, what the GAL has the power to do, and the things a GAL does not decide. The details vary by state, so the examples below cite the actual statutes, and your state's page on this site will have the specifics.
The short version
- A guardian ad litem is appointed by the court to look into what is in the child's best interest and report back. The GAL works for the court, not for either parent and not as the child's lawyer.
- The GAL investigates: meets the child, talks to both parents, and may talk to teachers, doctors, counselors and relatives. Most states let the GAL ask for records.
- The GAL writes a report with findings and recommendations. The judge reads it and weighs it. The judge decides.
- In a private custody case the GAL is usually a paid professional. In an abuse or neglect case filed by the state, the GAL is often a trained volunteer and the family is not billed.
Who the GAL works for
The clearest way to understand the role is that the GAL is the court's eyes and ears. Florida's family-law statute puts it directly: the guardian ad litem acts "in the child's best interest" and serves as "next friend of the child, investigator or evaluator, not as attorney or advocate." That is Florida Statutes section 61.403, and most states describe the job in similar terms even when the wording differs.
Two things follow from that. First, what you tell the GAL is not confidential. The GAL is gathering information to give to the judge, and what you say may end up in the report. Second, the GAL is not your child's lawyer. Some states appoint a separate attorney for the child, and in some states the GAL is an attorney, but the GAL's job is to assess best interests, which can differ from what the child says they want. Maine's statute, for example, requires the GAL to tell the court what the child wishes even when the GAL recommends something else. The GAL vs. CASA vs. attorney ad litem guide covers how the titles sort out in different states.
What the GAL has the power to do
State statutes spell out the GAL's tools. Using Florida and Maine as two worked examples, the list usually looks like this:
- Interview the child. Maine's Title 19-A, section 1507 makes a face-to-face interview with the child mandatory.
- Interview the parents and others. Teachers, pediatricians, counselors, relatives, a new partner in the home.
- Review records. Florida lets the GAL, through counsel, petition the court for access to hospital, doctor and psychologist records. Maine lets the GAL review medical and mental health records and school records. Expect to be asked to sign releases.
- Visit the home. Not every state requires it, but most GALs do it. The home visit guide covers what they are looking at.
- Request evaluations. A GAL may ask the court to order a psychological or custody evaluation by an outside professional. The GAL does not perform the evaluation.
- Take part in the case. Florida allows the GAL, through counsel, to file motions, attend depositions and hearings, and compel witnesses. Under section 61.403 the GAL must also submit recommendations on any agreement the parents reach within 10 days of being served with it.
- Write a report. Findings and recommendations, filed with the court and served on the parties before the hearing. Florida sets that deadline at 20 days before a hearing.
What the GAL does not do
The GAL does not decide custody. The report is one piece of evidence. Judges tend to give it real weight because the GAL is the only person in the case who was appointed to be neutral, but the judge is free to disagree, and both parents can challenge the report. The report guide explains how.
The GAL does not give either parent legal advice, does not negotiate on a parent's behalf and does not mediate. A GAL who is not a lawyer cannot practice law at all; Florida's statute says so in those words. The GAL also does not provide therapy to the child or supervise visits, though the GAL may recommend both.
Private custody cases vs. abuse and neglect cases
The same two words cover two different systems, and it matters which one you are in.
In a private custody or divorce case, one parent against the other, the court appoints a GAL at its discretion, often when the case is contested, when a child is young, or when there are allegations of abuse or domestic violence. Maine's statute lists exactly those factors. The GAL is typically a paid attorney or mental health professional, and the parties pay. Maine's section 1507 states that payment "is the responsibility of the parties, as ordered by the court," weighing each parent's income and who asked for the appointment. The cost guide has the typical ranges.
In an abuse, neglect or dependency case, the state is the petitioner, and federal law requires that a GAL or equivalent advocate be appointed for the child. In North Carolina, for instance, when a petition alleging abuse or neglect is filed, the judge appoints a trained community volunteer and an attorney advocate as a team under G.S. 7B-601, run by the state GAL Program inside the court system. Families are not billed. Nationally, the CASA/GAL network of nearly 900 state and local programs supplies most of those volunteers. North Carolina's program page says nothing about private custody cases, because it does not handle them; a custody GAL there is appointed under a different statute. That split exists in most states.
Where to look next
Your state's page in the state directory lists the statute that governs GAL appointments there and the program that runs them.
Common questions
Does the guardian ad litem work for me or for my child?
Neither. The GAL is appointed by the court to investigate the child's best interests and report to the judge. The GAL is not either parent's advocate and, in most states, is not the child's attorney.
Is what I tell the guardian ad litem confidential?
No. The GAL gathers information for the court, and what you say can appear in the report and be repeated in testimony.
Does the judge have to follow the GAL's recommendation?
No. The report is evidence the judge weighs. Judges often give it significant weight, but both parents can challenge it and the judge makes the decision.
Why am I being charged for a GAL when my neighbor was not?
In private custody cases the parties usually pay the GAL, as the court orders. In abuse and neglect cases brought by the state, the GAL is typically a volunteer or program advocate and families are not billed.
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.