Guardian ad Litems and Custody

Often times, in a contested custody case, the court appoints a Guardian ad Litem (“GAL”) to represent the best interests of the child(ren). A GAL is generally an attorney. However, there is no attorney-client privilege between a GAL and a child, which is why the distinction is made that the GAL represents the “best interests” of the child rather than the child directly.

The role of the GAL is to investigate the facts and circumstances surrounding the custody issues and make a report to the court, which includes a summary of their investigation and a recommendation regarding the outcome of the case. The GAL generally interviews the parties, the child, and other witnesses deemed relevant to the case such as other family members, friends, neighbors, babysitters, teachers and doctors. The GAL often visits each party’s home to make sure it is a safe and appropriate setting for the child.

As with other professionals in a case, the GAL, unless they are working pro bono, is paid by the parties. Unless the parties agree, the court determines the amount of fees awarded to the GAL and how payment of the fees shall be paid by the parties. The court also selects the GAL unless the parties agree to a particular one.

The GAL’s recommendation is just that, a recommendation. The court is not bound to follow any of the GAL’s recommendation. That said, many times the court does follow some, if not all, of the GAL’s recommendation. For this reason, the GAL’s report can be a valuable tool for settlement because each party learns from an objective source the strengths and weaknesses of their custody case.

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