Frequently Asked Questions

When does a judge appoint a guardian ad litem?

When the judge needs the help of a third party to investigate the details of your custody case and recommend a parenting plan that is in your children’s best interests.

When is a judge more likely to appoint a guardian ad litem?

In cases with concerns about domestic violence, child maltreatment, children with special needs, a parent struggling with a substance use disorder, parent-child contact problems, LGBTQ youth, relocation of a parent, when the custody litigation is lasting a long time and harming the children involved, and other challenging situations.

What does a guardian ad litem do?

A guardian ad litem:

• Investigates the facts of your custody case.

• Speaks with parents, caregivers, and important people in your children’s lives.

• Meets with your children to understand their perspective and hear their views.

• Reviews your children’s medical, mental health, and educational records.

• Consults with professionals working with your children (therapists, health care providers, etc.).

• Writes a report and makes recommendations about your children’s best interests.

What happens once the guardian ad litem writes a report and makes recommendations?

The parties can decide to accept them and resolve the case without a trial. Or they can choose to go to trial and see how the judge rules.

At trial, does the judge consider the recommendations made by the guardian ad litem?

Yes. The judge carefully considers the recommendations of the guardian ad litem. After hearing all of the evidence, the judge makes the final decision, regardless of the guardian ad litem's recommendations.

Who pays for a guardian ad litem?

Both parents share the costs of a guardian ad litem in a child custody case.

Can one parent decide to hire a guardian ad litem?

No, only the court can appoint a guardian ad litem because the role of a guardian ad litem is to advocate for the best interests of your children. The guardian ad litem is not an advocate for either parent.

Can a parent ask the court to appoint a guardian ad litem?

Yes. Parents or attorneys can ask the judge to appoint a guardian ad litem.