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Family law

What does a guardian ad litem do in a custody case?

Quick answer

A guardian ad litem, often shortened to GAL, is someone a judge can appoint to look into what is best for the children in a contested custody case and report back to the court. A GAL is not there to take sides between the parents.

Last updated June 2026

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What a guardian ad litem does

What a guardian ad litem is

A guardian ad litem is a neutral person the court appoints to focus on the children, not on either parent. The role is to investigate the family situation and help the judge understand what arrangement would serve the children best.

Who actually fills this role varies by state. In some places a GAL is an attorney, in others a trained volunteer or a mental health professional, and some states use different titles entirely, such as a best interest attorney, a child custody evaluator, or minor's counsel. The exact powers and duties are set by each state, so check how your state defines the role.

What a GAL investigates

A GAL typically gathers information from a range of sources. That can include interviewing both parents, sometimes speaking with the children, visiting each home, and reviewing records such as school, medical, or police reports. They may also talk to people who know the family, like teachers or relatives.

The point of all this is to see past how each parent presents themselves and get an independent read on the children's day-to-day reality. A GAL is generally looking for specific, documented facts rather than one parent's word against the other.

How their recommendation is used

After investigating, a GAL usually reports findings and, in many states, makes a recommendation about custody and parenting time. A judge gives that input real weight, but it is not automatically the final word. The judge still decides, and both parents generally have a chance to respond to the report.

How much weight a recommendation carries, and whether the GAL testifies or files a written report, depends on your state and even your county, so it helps to ask the court or a local attorney how it works where you live.

How to work with a GAL

Treat the GAL as a neutral investigator, not an opponent or an ally. Be honest, be organized, and keep the focus on the children rather than on your conflict with the other parent. Bring specific, factual records when asked, and avoid exaggeration, which can hurt your credibility.

If the GAL asks for a home visit or records, cooperate and respond promptly. Showing that you are child-focused and reliable tends to land better than trying to win the GAL over to your side.

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This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.

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