When a judge mentions a guardian ad litem in your custody hearing, it can feel unexpected. You may have left the courtroom with more questions than answers.
In Georgia, courts appoint guardians ad litem in certain custody disputes and this is more common than you may realize. This post covers who a guardian ad litem is, when courts appoint one and what they have the authority to do.
Why judges order a guardian ad litem
A guardian ad litem, or GAL, is a neutral professional the court appoints to focus on your child’s best interests. A GAL does not represent you or your co-parent.
Under Georgia law, a GAL serves one clear purpose: investigating and advocating for your child’s best interests, which may differ from what your child says they want.
In Georgia, you will typically encounter an attorney serving as GAL in custody cases. However, courts can appoint qualified non-attorneys as Court Appointed Special Advocates (CASAs) in specific circumstances.
Courts most often appoint a GAL when parents have been unable to reach a custody agreement. Several circumstances can lead a judge to make this appointment:
- Persistent disagreement on custody or visitation between parents
- Concerns about a child’s safety or wellbeing
- A level of conflict that makes co-parenting communication difficult
- A judge’s need for independent, child-focused information before ruling
A GAL appointment shows that the court is taking your child’s needs seriously.
What a guardian ad litem is authorized to do
The GAL conducts an independent investigation. This typically includes interviews with both parents and age-appropriate conversations with your child. The GAL may also speak with teachers, counselors or other adults who know your child well. They may also review school and medical records.
At the end of the investigation, the GAL submits a recommendation to the judge. This recommendation is significant, but judges retain full authority over the final custody order. Cooperating openly with the GAL is one of the clearest ways to show the court that your child’s wellbeing is your priority.
What this means for your family
A GAL appointment does not automatically mean something is wrong. Often, it means the court is making sure your child has independent representation through a difficult process.
Understanding how this role works puts you in a better position to participate. Legal guidance may also give you the clarity you need to respond effectively at every stage of your case.