The Role of a Guardian ad Litem in Custody Cases

Have you ever found yourself in the middle of a custody battle and wondered who's looking out for your child's best interests?

When parents can't agree on custody, emotions often run high, and the children's voices can get lost in the fray. But there's one individual that you need to know about – the Guardian ad Litem (GAL).

The GAL could end up being the most influential person you never knew you had in your case.

In contested custody cases, parents throw around accusations, present evidence, make arguments, and fight for their position, but who represents the kids? Let's dive in…

What you'll discover:

• What Is a Guardian ad Litem (GAL) in a Custody Case?

• When Are GALs Appointed by Courts?

• How Does the Guardian ad Litem Investigate?

• What's the GAL Looking For in Their Investigation?

• The GAL Report: What Happens Next

What Is a Guardian ad Litem (GAL) in a Custody Case?

A Guardian ad Litem is a person whom a court appoints to represent your child's best interests in custody proceedings.

Imagine a child's own personal attorney in court. Except this GAL doesn't represent you, the parent. They represent the children involved in the custody case.

GALs can be attorneys, social workers, or specially trained volunteers. But they differ from other people in your case in three key ways:

• They don't work for either parent

• They are solely focused on your child's well-being

• Their custody recommendations heavily influence judges

When navigating complex custody matters, experienced Arkansas child custody lawyer professionals know how GALs factor into these cases and work closely with these representatives to make sure your child's needs are given top priority.

Impressive, right?

When Are GALs Appointed by Courts?

Courts don't appoint GALs in every custody case. GALs are typically reserved for custody disputes and situations where:

• There are high-conflict custody disputes between parents where emotions are running high, and parents can't reach agreements

• Allegations of abuse, neglect, domestic violence, or other serious concerns need investigation by a neutral third party

• The family situation is complex due to substance abuse, mental health issues, special needs children, or other complicating factors

• The child's preferences need clarification, particularly with older children who may have strong opinions

The average person might not know this… but GAL recommendations are followed by courts about 90% of the time. Which means GALs have a TREMENDOUS impact on your case outcome.

Here's how the Guardian ad Litem Investigation Process Works…

How Does the Guardian ad Litem Investigate?

The GAL assigned to your case doesn't just show up to court and say, "Okay, judge, in my opinion…" GALs conduct a comprehensive investigation, which usually involves:

Interviewing All Parties Involved

The Guardian ad Litem will meet with:

• Both parents

• The child/children involved (age-appropriate conversations)

• Teachers and school staff

• Healthcare providers

• Therapists or counselors

• Extended family members

• Anyone else that's relevant to the child's well-being

Conducting Home Visits and Observations

GALs often conduct home visits to:

• Observe the living conditions, safety, and stability of each parent's residence

• Watch parent-child interactions

• Evaluate the child's comfort level and overall well-being in each environment

• Look at daily routines and overall consistency

Reviewing Documents and Records

Important documents the GAL reviews include:

• School records and academic performance

• Medical records and health information

• Mental health evaluations

• Police reports (if applicable)

• Previous court orders

The kicker? GALs can often obtain information that may be difficult for attorneys to access. They have broad investigative powers and one goal – to protect the child.

What's the GAL Looking For in Their Investigation?

Guardian ad Litems don't just want to know who's the nicest or the wealthiest. They're assessing the following factors when making their custody recommendations:

• Physical safety and security: is the child safe with each parent?

• Emotional wellbeing: how does the child respond to each parent? Are there signs of stress or anxiety?

• Stability and consistency: which custody arrangement provides the most stability?

• Educational needs: how will schooling be affected by custody?

• Healthcare considerations: are both parents capable of addressing medical needs?

• Relationship quality: what's the depth of the child's bond with each parent?

GALs aren't looking for the "perfect" parent. They're looking for the custody arrangement that best meets the child's overall best interests.

The GAL Report: What Happens Next

After completing their investigation, the GAL creates a detailed report for the court. The report usually includes:

• Summary of all interviews, observations, and findings

• Analysis of each parent's strengths and challenges

• Assessment of the child's specific needs and stated preferences

• Custody and visitation recommendations

• Suggestions for additional services (therapy, parenting classes, etc.)

Remember, only parents, their attorneys, and the court see this report. It becomes part of the official case record.

The GAL Report Recommendations Could Significantly Impact Your Custody Outcome

How to Effectively Work with a Guardian ad Litem

If a GAL gets appointed to your case, you'll want to:

• Be completely honest. GALs are trained investigators who will see through any facade. Honesty builds credibility

• Focus on your child's needs, not your ex's faults. When speaking to the GAL, emphasize your child's well-being first and foremost. Demonstrate that you understand and prioritize what's best for your child

• Follow through on promises or commitments. If you say you'll do something, do it. GALs note follow-through and reliability

• Don't coach your child. Never tell your child what to say to the GAL. It undermines your credibility

• Stay professional at all times. Maintain respectful communication with the GAL, even if you disagree with their approach or preliminary findings

Working effectively with a Guardian ad Litem can positively influence custody outcomes in your case.

What Are GAL Costs and Logistics?

Guardian ad Litems services are not free. Costs typically include:

• Hourly rates ranging $30 to $250 per hour

• Flat fees anywhere from several hundred dollars to $750+

• Retainer fees for reserved services

Parents often split costs, unless one parent can't afford their share or the court orders otherwise.

The return on this GAL investment often includes:

• Reduced litigation expenses overall

• Neutral, informed recommendations that help resolve disputes

• Judges given the information needed to make fair, informed decisions

Guardian ad Litem (GAL) Usage is Increasing

Guardian ad Litem (GAL) appointments have been increasing in recent years. In fact, as of January 2025, GAL roles expanded in Indiana, as more states recognize their value in safeguarding children's best interests.

If this trend continues, it shows a growing awareness that unbiased advocates make better, more balanced custody decisions.

Make It Simple

The Guardian ad Litem is an independent court-appointed advocate for children in custody battles. GALs investigate family dynamics, assess children's best interests, and make custody recommendations that judges typically follow.

While GAL appointments add complexity and costs to custody disputes, they also lead to arrangements that better serve children's needs.

The takeaway? If you're in a contested custody case, understanding GALs and working cooperatively with them can significantly impact your child's future. Their custody recommendations heavily influence judges. GALs are a single individual that can make or break your custody case.

Focus on demonstrating you're putting your child's needs and best interests above all else. That's what the GAL is looking for.