Should You Request a Guardian ad Litem in Your Custody Case?
Child custody disputes are among the most emotionally challenging and legally complex matters family courts handle. In high-conflict cases, courts sometimes appoint a Guardian ad Litem (GAL)—a neutral third party tasked with investigating and making recommendations about what custody arrangement serves the best interests of the child. But what if your case doesn’t start with a GAL? Should you request one?
At Resurgens Legal Counsel, we guide our clients through these decisions carefully, weighing both strategic and practical considerations. Here’s what you need to know.
What Is a Guardian ad Litem?
In Georgia, a GAL is typically an attorney or trained advocate appointed by the court to conduct an investigation and make a recommendation to the judge regarding custody and visitation. Their role is not to represent either parent but to act as the voice of the child, focusing exclusively on the child’s well-being.
GALs may conduct interviews with the parents, the child, teachers, therapists, and other relevant individuals. They often visit each parent’s home, review records, and may observe interactions between the child and each parent. After completing the investigation, the GAL submits a written report to the court and may testify at trial.
When Might a GAL Be Appropriate?
Requesting a GAL may be a good move in the following situations:
Allegations of Abuse or Neglect: When there are serious concerns about a child’s safety or well-being, a GAL can conduct an independent investigation that informs the court.
High-Conflict Custody Battles: In cases where both parents strongly contest custody and provide contradictory accounts, a GAL can help the court by offering a child-focused, fact-driven assessment.
Concerns About Parenting Capacity: If there are mental health concerns, substance abuse issues, or questions about a parent’s stability, a GAL’s input can carry weight.
Child’s Preference Is a Factor: In Georgia, children over the age of 14 can elect which parent they want to live with, but a GAL may still be appointed to help the court understand the maturity and motivations behind a child’s choice.
Strategic Benefits—and Risks
From a strategic standpoint, requesting a GAL can benefit your case if you are confident in your parenting and want to show the court that you have nothing to hide. The GAL’s recommendation often carries substantial influence in custody decisions, especially with newer or less familiar judges. While a GAL’s recommendation is not controlling, the court will often give it substantial weight in its determination of custody.
However, this also means that requesting a GAL introduces an unpredictable variable into your case. A negative or lukewarm report can undermine your position. Additionally, GALs are not free. Courts may order the parties to share the cost, and those costs can be significant depending on the complexity of the case and the GAL’s hourly rate.
How to Request a GAL in Georgia
You can request a GAL through a motion filed with the court, or in some cases, both parties agree to one through consent. Your attorney can help you determine whether the timing and circumstances support making such a request. Judges also have the discretion to appoint a GAL without either party requesting it, particularly when they believe the child’s interests require closer investigation.
The Bottom Line
Requesting a Guardian ad Litem is not a one-size-fits-all solution. At Resurgens Legal Counsel, we help parents assess whether a GAL will serve their child’s best interests—and their legal strategy. If you are considering requesting a GAL or have questions about their role in Georgia custody cases, we’re here to help.
Contact Resurgens Legal Counsel today to schedule a consultation and learn more about your options in child custody proceedings.