The duties of a guardian ad litem center on one job: investigate a child’s or incapacitated adult’s situation independently, then tell the judge what arrangement would actually serve that person’s welfare. A guardian ad litem, often shortened to GAL, is court-appointed, works outside the two parents’ legal teams, and answers only to the court. Federal law requires every state to appoint one in child abuse or neglect cases that reach a courtroom, and the GAL may be an attorney, a trained CASA volunteer, or both.1Office of the Law Revision Counsel. 42 USC 5106a – Grants to States for Child Abuse or Neglect Prevention and Treatment Programs What follows is what the role actually looks like in practice.
Investigate the Child’s Circumstances
The investigation is the backbone of the role, and it is far more hands-on than most parents expect. It begins with interviews of everyone significantly involved in the child’s life: the child, in an age-appropriate way, both parents, stepparents, grandparents, and other caregivers.
From there the GAL moves outward, contacting people who see the child in different settings and can offer an honest outside perspective. These collateral contacts commonly include:
- Teachers and school counselors who observe the child’s behavior, academic performance, and social interactions daily
- Doctors and therapists who can speak to the child’s physical and mental health
- Coaches, mentors, or family friends who see the child in less structured environments
Direct observation matters just as much. The GAL visits each parent’s home to assess the living environment and watch how the parent and child interact. Some visits are scheduled. Others may be unannounced, to get a more authentic picture. The GAL also reviews police reports, school records, medical records, and prior court filings. The appointment order typically sets a deadline for completing this work, often tied to the next scheduled hearing.
Access to otherwise confidential material is part of the appointment. The court order grants the GAL authority to see the child’s medical files, psychological evaluations, school records, and therapy notes, and to compel interviews with relevant parties. Without that access the investigation couldn’t happen.
Weigh Best-Interest Factors
Everything the GAL gathers feeds into one question: what arrangement serves the child’s best interests? States have their own statutory lists, but the same core factors show up almost everywhere:
- Emotional bonds: the strength of the child’s attachment to each parent and other family members
- Parental fitness: each parent’s ability to provide love, guidance, food, shelter, medical care, and emotional stability
- Stability and continuity: how long the child has lived in a settled environment and whether disrupting it would cause harm
- Safety: any history of domestic violence, substance abuse, or criminal conduct
- Physical and mental health of both the child and the parents
- The child’s own preference, weighted by age and maturity
- Cooperation between parents, including each parent’s willingness to support the child’s relationship with the other
No single factor controls. A GAL weighs them together, and a weakness in one area doesn’t automatically sink a parent’s case. A past substance abuse issue paired with strong evidence of sustained recovery gets noted as both facts, not treated as disqualifying.
Report and Recommend to the Judge
Once the investigation is done, the GAL writes a formal report for the judge and all parties. It summarizes interviews, home visits, and the documents reviewed, and it makes specific recommendations on the central issues: which parent should have primary custody, what parenting time schedule would work, and whether services like family counseling, substance abuse treatment, or supervised visitation are warranted.
The GAL also has to communicate the child’s own wishes to the court, even when those wishes conflict with the recommendation. This is one of the defining features of the role. If a twelve-year-old says they want to live with the parent the GAL believes is unfit, the report includes both the child’s preference and the GAL’s reasoning for recommending otherwise. The judge needs both.
Judges give significant weight to a GAL’s report because the GAL is the only person in the courtroom whose sole obligation is to the child. The recommendations are not binding. The judge weighs them alongside testimony from the parents, expert witnesses, and other sources before issuing a final order.
Testify and Participate in Hearings
The GAL’s work doesn’t stop when the report is filed. GALs attend hearings related to the case and participate as active players in the courtroom. The report is submitted as evidence, and the GAL is typically called to testify about the investigation, explain the basis for each recommendation, and answer questions from the judge and both parents’ attorneys.
Cross-examination is where things get adversarial. Parents’ attorneys probe the investigation for gaps, challenge the GAL’s conclusions, and test whether the recommendations hold up. In many jurisdictions the court also permits the GAL to call witnesses, introduce evidence, and cross-examine other witnesses in support of the child’s best interests. In that sense the GAL functions as a third voice in the courtroom alongside the two parents’ legal teams.
Whether parents have a right to cross-examine the GAL varies by jurisdiction and remains an area of legal debate. Some states treat the GAL primarily as an investigator subject to cross-examination like any other witness. Others view the GAL more as an advocate or arm of the court, which can limit how directly parties may challenge them. Where cross-examination is restricted, an attorney can still attack the GAL’s findings through other witnesses and contradictory evidence.
What a GAL Cannot Do
The authority is narrower than the title suggests. A GAL is not the child’s legal guardian in the traditional sense and has no authority to make day-to-day decisions. They cannot change where the child lives, make medical decisions, enroll the child in a different school, or manage the child’s property. The power is limited to investigating, reporting, and recommending within the specific case. Once the court issues a final order, the appointment typically ends unless the court specifically extends it for post-order monitoring.
GALs who are attorneys stay bound by professional ethics rules. They cannot offer false evidence, and they must follow the same rules of evidence as any other attorney in the courtroom. Ethical violations can lead to discipline through the state bar.
GAL vs. Attorney for the Child
One distinction confuses many parents: the difference between a guardian ad litem and an attorney for the child, sometimes called an attorney ad litem. They sound similar and serve different functions. A GAL advocates for what the GAL believes is in the child’s best interests after an independent investigation. An attorney for the child advocates for what the child wants, the same way your attorney advocates for what you want.
The gap shows up most clearly when a child’s stated wishes conflict with what an objective adult would consider safe. A GAL might recommend against unsupervised visitation with a parent despite the child wanting it. An attorney for the child would advocate for the visitation the child requested, perhaps while noting safety concerns. Some jurisdictions appoint both for the same child in complex cases, and some states allow one person to serve in a dual role. When both are involved, expect them to disagree on occasion. That is by design.
What You Tell the GAL Isn’t Confidential
This catches many parents off guard. A GAL is not your attorney, and conversations with a GAL are not protected by attorney-client privilege. Anything you say, and anything your child says, can end up in the report the judge reads. Many states require GALs to warn people of this before interviews begin. Not all do.
The same applies to your child’s statements. If your child shares something sensitive, the GAL will use professional judgment about whether to include it in the report or convey it to the court another way. The guiding principle is always the child’s best interests, not the child’s privacy preferences. Be honest, because evasiveness and inconsistency show up in the final report, but understand that candor comes with disclosure attached.