The Person Who Speaks for Your Child in Court
In contested custody cases involving significant dispute about what’s best for the children, courts often appoint a Guardian ad Litem (GAL) — a person appointed to represent the child’s best interests, independent of both parents’ positions.
The GAL’s job is not to be the child’s attorney (advocating for what the child wants) but to investigate the family situation and give the court an independent professional assessment of what arrangement would best serve the child. Their recommendation carries enormous weight with judges.
Who Can Be Appointed as a GAL
Depending on the jurisdiction, a GAL may be an attorney (sometimes called attorney for the child), a trained volunteer layperson (common in CASA programs for child welfare cases), a licensed clinical social worker, or a mental health professional.
In contested custody cases between parents, GALs are typically attorneys or licensed mental health professionals. CASA volunteers are more common when the case involves the child welfare system and allegations of abuse or neglect.
What the GAL Investigation Looks Like
A thorough GAL investigation may include: interviews with both parents separately, interviews with the child (typically alone, in an age-appropriate way), review of school records, medical records, and any child welfare records, observation of each parent’s home environment, interviews with teachers, coaches, relatives, and other significant people in the child’s life, and review of court records from any prior proceedings.
The process typically takes 2–4 months. The GAL then files a written report with recommendations for custody and visitation arrangements.
How to Work Effectively With the GAL
Be cooperative, honest, and organized. Provide requested documents promptly. Be child-focused in every conversation — not parent-focused. Don’t speak negatively about the other parent to the GAL; focus on the children’s needs and your relationship with them.
Show, don’t just tell. Demonstrate your involvement — school involvement records, medical appointment attendance, activity schedules. Have your home ready for any home visit. Introduce the GAL to people who can speak to your relationship with your children.
What Parents Get Wrong With GALs
The most common mistake: treating the GAL as an ally to be won over rather than an independent investigator. Trying to ‘sell’ them on your position, speaking disparagingly about your spouse, coaching your children on what to say, or being uncooperative with the investigation will be noted — and reflected in their report.
The GAL will likely speak with your children. Never coach children on what to say; courts view this extremely negatively. Children often reveal coaching during interviews, and it damages your credibility significantly.
