Guardian Ad Litem: Their Role and Tips for Success

This is a basic explanation of the role of a Guardian Ad Litem (GAL) in a contested custody case.

A GAL is a licensed Georgia attorney who has received special training to investigate and make recommendations to the Court in custody cases. They are often appointed in high-conflict divorce and child-custody cases. GALs conduct an investigation and make recommendations regarding the best interests of your child(ren). Since they are not parties, judges trust their judgment and investigation findings. In fact, judges will often go along with the GAL recommendations. In light of this, GAL recommendations are very important.

Guardian Ad Litem Costs

Please note that GALs are paid by the parties. This means you will pay the GAL directly. This payment includes an up-front retainer — usually in the amount of $4,000.00. Most often, parties share the cost of a GAL equally, but that is not always the case. Ultimately, the Court will determine the allocation of costs. Most GALs bill an hourly rate of $250-$300, although it is sometimes higher.

Please pay the GAL retainer as quickly as possible. While a GAL cannot find against you because of non-payment, it can only help you to pay. Also, keep up with any monthly invoices from the GAL. Again, you do not want to force the GAL to hound you for payment. That could only hurt your case.

Meeting with the Guardian Ad Litem

The best way to interact with a GAL is to be upfront and honest about everything. Another important aspect in good GAL relations is providing the GAL as much information as possible about the situation. It is a good idea to make first contact with the GAL so the GAL receives accurate information from us as quickly as possible. Please, be very nice to the GAL. You do not want the GAL to dislike you. Disliking you increases the chances the GAL will rule in the other party’s favor. The GAL will likely ask to interview you personally, and that interview will likely take place outside my presence. However, if you feel you need me there during the interview, let me know and we will discuss it.

GAL and Your Children

The GAL will ask to meet with your children. Facilitate that meeting. Do not attempt to influence or prepare your children for meeting with the GAL. The GAL will be able to explain his/her role in the case.

Tips for Impressing the GAL

1. Be organized. Don’t treat the GAL in your case like a messy kitchen sink. Don’t dump a bunch of photos and text message screenshots on her email. Work with your attorney to present your case to the GAL in a way that makes it easy for her to understand you, your kids, your concerns, and your goals.
2. Watch your mouth. Being in the middle of a high-stress, high-conflict custody battle can wreak havoc on your nerves. Don’t take out your frustrations on the GAL. She’s the last person that should see you flying your crazy flag.
3. Respect boundaries. Think twice before cc-ing the GAL on your emails and texts with your spouse or ex. Don’t drag her into the petty arguments. That’s not the best way to present your case. It costs you money. And, no one likes a tattle tale.