Guardian ad litem
Published on August 25, 2025 · 2 min read
What is a guardian ad litem?
In general, a guardian ad litem (GAL) is a court-appointed individual, often an attorney or trained advocate, assigned to represent the best interests of a child or vulnerable person in legal proceedings. GALs are commonly involved in custody disputes, abuse or neglect cases, and other family law matters where the court needs an impartial perspective on what outcome serves the child best. In some jurisdictions, such as California, the court can appoint Minor’s Counsel who is an attorney that represents the best interests of the minor. This is a similar role to a GAL. In certain jurisdictions, such as California, the court has the authority to appoint Minor's Counsel, an attorney tasked with representing the minor's best interests. This role is similar to that of a GAL.
Key elements of a guardian ad litem
Neutral third party: A GAL is not aligned with either parent or party in the case. Their role is to independently assess what is best for the child or protected individual.
- Investigative duties: GALs typically interview the child, parents, teachers, doctors, and other relevant parties. They may also review school or medical records.
- Reports to the court: After completing their investigation, the GAL submits a written report with recommendations regarding custody, visitation, or other matters.
- Common in custody cases: GALs are often appointed in high-conflict divorces or when there are allegations of abuse, neglect, or unfit parenting.
- Different from legal guardians: A GAL does not have custody or decision-making power. Their job is to inform the court, not to raise the child.
- May attend court hearings: GALs can testify, cross-examine witnesses, or make legal recommendations based on their findings.
When a guardian ad litem may be necessary
Courts appoint a GAL when they believe the parents or attorneys involved may not fully represent the child's interests. This often happens in complex or contentious cases. While a GAL’s opinion carries weight, the judge makes the final decision. If a GAL is appointed in your case, it’s important to cooperate fully and understand their role in shaping the outcome.
