By Leisa Wintz, Esq. · Family Matters Law Group, P.A.

A Guardian ad Litem (GAL) is a court-appointed advocate whose job is to represent the best interests of a child in a contested family law case — not the interests of either parent. If a GAL has been appointed in your case, or you’re considering asking for one, here’s what to expect.

What Does a Guardian ad Litem Do?

A GAL investigates the family’s circumstances and makes recommendations to the court about custody, timesharing, and the child’s wellbeing. Their investigation typically includes interviews with both parents, the child (when age-appropriate), and other relevant people such as teachers, therapists, or family members, along with a review of relevant records.

How Does a Guardian ad Litem Get Appointed?

There are three paths to appointment:

• Both parties agree a GAL is needed — an agreed order can go straight to the judge.
• Both agree a GAL is needed but disagree on specifics (who it should be, or how fees are split) — a motion for determination is filed and a hearing resolves the open issues.
• One party wants a GAL and the other objects — the requesting party must file a motion explaining why, and the judge decides after a hearing.

Who Pays for a Guardian ad Litem?

Unlike a Guardian ad Litem in dependency (abuse/neglect) cases, GALs in private family law cases are not paid by the state — the parents cover the cost. Payment arrangements vary by case:

• One parent may be ordered to cover the full cost
• The cost may be split evenly
• The cost may be divided pro rata based on each parent’s income when there’s a significant financial disparity

Total cost depends on the complexity of the case, how much travel and interviewing is required, and how much investigative time the case takes.

You Can’t Ignore a Court-Appointed GAL

Once appointed by court order, a GAL becomes a part of the case whether either parent likes it or not. A parent cannot refuse to cooperate or attempt to unilaterally remove the GAL. Non-cooperation doesn’t make the GAL go away — it typically damages that parent’s position in the eyes of the court, since it can look like something is being hidden.

How to Prepare For and Work With a GAL

A few practical guidelines make a real difference in how a GAL’s investigation and report reflect on you:

• Be honest and consistent. GALs cross-reference what each parent, the child, and third parties say — inconsistencies are noticed.
• Stay child-focused. Frame concerns in terms of the child’s wellbeing, not as complaints about your co-parent.
• Come prepared. Organize your concerns and any supporting documentation (school records, medical notes, communication logs) before your interview.
• Avoid coaching the child. A GAL is trained to spot signs that a child has been coached, and it seriously undermines credibility.

What Not to Say to a Guardian ad Litem

Certain statements reliably backfire in a GAL interview:

• Disparaging the other parent rather than describing specific, factual concerns
• Exaggerating or making claims you can’t support with evidence
• Volunteering irrelevant personal grievances about the divorce itself rather than the child’s needs
• Anything that suggests you’ve discussed “what to say” with the child beforehand

Responding to a GAL’s Recommendations

If you disagree with a GAL’s report or recommendations, you have the right to challenge specific findings through your attorney — but doing so effectively generally requires evidence and a measured approach, not simply disputing the conclusion. Whether you’re hoping to modify a parenting plan or raise a safety concern, working constructively with the GAL process — while still advocating for your position — tends to produce better outcomes than treating the GAL as an adversary.

Get Help With Your GAL Case

Whether a GAL has already been appointed in your case or you’re deciding whether to request one, Family Matters Law Group, P.A. can help you prepare and present your position effectively. Schedule a consultation to discuss your case.