What to Expect When a Guardian ad Litem is Appointed in Your Case

January 30, 2026

If you are going through a divorce or a custody case, you may hear the court mention a Guardian ad Litem, often called a GAL. For many parents, this can feel confusing or even scary. Is the GAL on my side? Are they like a judge? Will they decide who gets custody? This article explains what a Guardian ad Litem does, why courts appoint them, and how you should handle the process.

What Does “Guardian ad Litem” Mean? A Guardian ad Litem is a person appointed by the court to help protect the best interests of a child during a custody case. The phrase “ad litem” is Latin and means “for the lawsuit.” So a Guardian ad Litem is a guardian for the case, not a permanent guardian.

In Georgia, a GAL is an attorney with special training who investigates what is happening in the child’s life and gives information to the court. The GAL’s main role is to focus on one thing: What outcome is best for the child?

Custody cases are emotional. Parents are stressed. Everyone has opinions. The GAL is brought in to give the court a clearer picture of what is going on. As part of his/her investigation, the GAL may do any or all of the following:

  • Interview both parents
  • Talk to the child (in an age-appropriate way)
  • Visit homes
  • Speak with teachers, counselors, doctors, or other witnesses
  • Review school or medical records
  • Observe parenting time
  • Make recommendations to the judge

In Georgia, under Uniform Superior Court Rule 24.9, a judge may appoint a GAL in domestic relations cases involving children when the court believes an independent investigation is needed to determine the child’s best interests. It’s not automatic in every case, and the judge has discretion whether to appoint one. Common situations where appointing a GAL in a case may include where parents strongly disagree about custody or parenting time, where there are allegations of abuse, neglect, or danger to the child, or where the case is especially complex or emotionally charged. Appointment does not mean the court thinks you’re an unfit parent — it simply means the court wants extra information before making a custody decision.

Is the GAL the Child’s Lawyer? Not exactly, but this is a common misunderstanding. A GAL is not the same as a lawyer who takes instructions directly from the child like an adult client. Instead, the GAL represents the child’s best interests, even if the child wants something different. For example, a child may say, “I want to live with Dad because he has fewer rules.” The GAL may still recommend Mom’s home if it is more stable and healthy long-term.

What Does “Best Interests of the Child” Mean? This is the legal standard courts use to determine custody. This means the judge must choose the custody arrangement that is safest and healthiest for the child, not what is easiest for either parent. Such factors often include any or all of the following:

  • The child’s safety
  • Each parent’s caregiving history
  • Stability of each home
  • School and community connections
  • Any history of violence, neglect, or substance abuse
  • The child’s needs (medical, emotional, educational)

O.C.G.A. 19-9-3 has a complete list of the factors the judge may consider. The GAL’s job is to provide a report and recommendation that helps the judge evaluate these factors.

The GAL does NOT decide custody – that is for the judge, and the judge alone to decide. Only the judge can issue a custody order, but GAL recommendations can carry significant weight, because the GAL is seen as a neutral investigator. That’s why it is important for the parents to take the GAL process seriously.

One thing to keep in mind, though, is that the GAL is often called upon to testify in court, typically as an expert witness. A practical implication of this is that the GAL may often rely upon, and even testify to, things others (including the children) have said. While normally this would be excludable as “hearsay”, under Georgia law, experts may rely upon hearsay. So what the children say to the GAL may very well be repeated in court by the GAL at some point.

How Does the GAL Investigation Work? Every case is different, but most GAL investigations include several steps:

  1. Initial Meetings – The GAL usually meets with each parent separately. They may ask questions about parenting routines, work schedules, the children’s school lives, co-parenting communication, or even concerns about the other parent.
  2. Child Interview – The GAL may talk with the child in a safe, private setting. This is not meant to pressure the child to “choose sides.”
  3. Home Visits – The GAL may visit each parent’s home to see living conditions, sleeping arrangements, or just to evaluate general stability.
  4. Record Review – The GAL may review school records, medical records, police reports, prior court orders, or anything else relevant to the particular case.
  5. Report or Recommendation – At the end, the GAL may provide a written report, testimony in court, and recommendations about custody and parenting time.

Important Legal Terms You May Hear

  • Custody – Custody refers to the legal rights and responsibilities of parenting.
  • Legal Custody – The right to make major decisions, particularly with respect to education, medical care, religious upbringing, and extracurricular activities.
  • Physical Custody – Where the child lives day-to-day.
  • Parenting Time – The schedule of time the child spends with each parent. The term “visitation” is sometimes used, but is considered outdated, as it implies a lesser relationship than parenthood.
  • Court Order – A written rule issued by the judge that must be followed.
  • Contempt – If someone violates a court order, the court may find them in contempt, meaning they disobeyed the judge.

Do’s and Don’t’s When a GAL Is Involved – The way you handle yourself during a GAL case matters. Here are some practical guidelines:

  • DO Be Respectful and Cooperative – Treat the GAL professionally. They are part of the court process.
  • DO Be Honest – GALs are trained to spot exaggeration and dishonesty. Tell the truth, even if it is uncomfortable.
  • DO Focus on the Child – Talk about your child’s needs, not your anger toward the other parent.
  • DO Keep Records – If issues come up, keep calm documentation of things like missed exchanges, school concerns, and medical updates. But avoid turning your life into a “case-building project.”
  • DO Show Stability – GALs look for consistency in things like routines, school attendance, safe housing, and responsible parenting.
  • DO Follow Court Orders – Even if you disagree, follow temporary custody orders unless changed by the judge.
  • DON’T Try to “Win” the GAL Over – A GAL is not impressed by charm campaigns or rehearsed speeches. Be genuine.
  • DON’T Badmouth the Other Parent Constantly – Reasonable concerns are fine. Constant attacks make you look unstable or focused on conflict.
  • DON’T Involve the Child in Adult Issues – Never pressure your child to take sides, report on the other parent, or “perform” for the GAL. This will seriously backfire, virtually every time.
  • DON’T Hide Important Information – If there are past issues (substance use, mental health struggles, etc.), it is better to address them honestly and show progress.
  • DON’T Ignore GAL Requests – Missed appointments or refusal to cooperate can harm your case.
  • DON’T Assume the GAL Is Your Advocate – The GAL is not “your lawyer.” Their duty is to the child and the court.

What If You Disagree With the GAL? It happens. If you believe the GAL misunderstood something or missed key facts, talk to your attorney immediately. Your lawyer may be able to provide additional documentation, clarify concerns, or challenge recommendations appropriately in court. Do not attack the GAL personally or become hostile. That rarely helps.

As a final thought – take the GAL process seriously. A Guardian ad Litem plays an important role in many custody cases. While “winning over” the GAL is rarely possible or helpful, “losing” the GAL is almost certainly harmful to your claim. The GAL is there to help the court answer one question: What arrangement best supports the child’s safety, stability, and well-being? If you stay calm, child-focused, honest, and cooperative, you put yourself in the best possible position.

Custody cases are stressful, especially when a Guardian ad Litem is involved. Having an experienced attorney can help you understand the process, prepare appropriately, and protect your parental rights. If you have questions about your custody case, contact our office to schedule a consultation.