The guardian ad litem: what they do, and what to do when they get it wrong.
A GAL’s report can decide where your child lives. Judges lean on it heavily, and almost nobody outside the courtroom reviews the person who wrote it. Here’s how the role works and how to push back.
A guardian ad litem is someone the court appoints to investigate and recommend what’s in your child’s best interests. Their report carries enormous weight with judges, and GALs are often immune from lawsuits. If a GAL gets it wrong, respond in writing, challenge the report through your lawyer, complain to the GAL program or the bar, and ask the court to remove them.
Written for parents in every state. This guide covers federal law and how the process works nationwide. Where we give a state’s rule or deadline, it’s labeled as an example — your state’s may be different. Ask your lawyer or the court clerk for your local rules, and track your own deadlines in a free FAN case file.
What is a guardian ad litem?
A guardian ad litem (GAL) is a person the court appoints to look out for a child’s best interests. They investigate, write a report and recommend what the judge should do.
In CPS cases, the GAL is required. Under the federal child abuse law (CAPTA), states that take the money must appoint a trained GAL in every abuse or neglect case that goes to court. The GAL “may be an attorney or a court appointed special advocate” (or both), and is supposed to understand the child’s situation first-hand and make recommendations “concerning the best interests of the child” (42 U.S.C. 5106a).
In divorce and custody cases, whether a GAL is appointed depends on your state’s law and your judge. Washington’s custody statute is one example of how those appointments work (RCW 26.12.175).
Their influence is hard to overstate. National CASA/GAL itself cites research that its recommendations are “nearly always accepted by judges” (National CASA/GAL). Yet as you’ll see below, GALs are often immune from lawsuits, and most state oversight offices won’t review them. If you’re in a CPS case, read your rights and our family court guide too.
“Best interest” is one adult’s opinion about your child. Make sure the judge hears the facts it rests on — and the facts it left out.
FAN advocacy team
GAL vs. CASA vs. your child’s attorney.
They can sound alike but play different roles. A GAL or CASA recommends what they think is best. A lawyer for the child may be appointed separately, depending on your state.
| Guardian ad litem | CASA volunteer | Child’s attorney | |
|---|---|---|---|
| Who they are | A lawyer or a trained layperson, depending on the state. 16 states require a lawyer (CWIG). | A trained community volunteer. North Carolina requires 30 hours of training (NC Courts). | A licensed lawyer. 16 states require an attorney for the child (CWIG). |
| What they argue for | What the GAL believes is in the child’s “best interests” (42 U.S.C. 5106a). | Best interests (National CASA/GAL). | Varies by state. In 16 states the court may appoint separate counsel to speak for the child’s wishes (CWIG). |
| Paid? | Often. Parents can be ordered to pay in 23 states (CWIG). | Unpaid. Maine and Missouri allow expense reimbursement (CWIG). | Paid by the court, state or county, or billed to parents (Va. Code 16.1-267). |
| Can a CASA be the GAL? | — | Yes in 16 of the about 37 states that allow CASA volunteers (CWIG). | — |
| Example | Florida gives every child a GAL attorney plus a best-interest advocate (Florida GAL Office). | North Carolina volunteers write court reports and testify (NC Courts). | 8 states require both an attorney and a GAL (CWIG). |
State counts from the Child Welfare Information Gateway, current through June 2021. Rules may have changed in your state.
Bottom line: a GAL is not necessarily your child’s lawyer, and the GAL is never your lawyer. If you’re a parent in a CPS case, you’re entitled to ask how to get your own. See termination of parental rights for why that matters.
“Best interest” vs. what your child actually wants.
A best-interest GAL can recommend the opposite of what your child says they want. In many states the GAL still has to tell the judge what the child wants.
In 29 states, the GAL must tell the court the child’s wishes as well as the GAL’s own recommendation. In 16 states, the court may appoint separate counsel to represent the child’s wishes when they conflict (CWIG).
That gap matters. A best-interest recommendation can rest on a handful of visits and the caseworker’s file. Your child’s own voice can get lost between them.
Do
- Ask whether your state requires the GAL to report your child’s wishes
- Ask your lawyer whether separate counsel for your child is possible
- Note when your child told the GAL something that didn’t make the report
- Keep your own dated record of the GAL’s contacts with your child
Don’t
- Coach your child on what to tell the GAL
- Assume the GAL is your child’s lawyer
- Argue with the GAL in front of your child
- Wait until trial to raise a problem
What a GAL is supposed to do.
Statutes in 42 states list specific GAL duties (CWIG). Federal law adds that the GAL should understand the child’s situation first-hand (42 U.S.C. 5106a). Use this list to measure whether your GAL actually did the job:
- Meet your child face to face, regularly, including before hearings
- Do an independent investigation, not just repeat the caseworker
- Attend all hearings and case meetings
- Check whether court-ordered services are actually provided
- File written reports with the court
- Make best-interest recommendations
- Tell the court your child’s wishes, where state law requires it (29 states)
- In Washington custody cases, file the report 60 days before trial
Ask the GAL, in writing, how many times they’ve seen your child and who they’ve talked to. Washington requires non-volunteer GALs to give the parties an itemized monthly accounting (RCW 26.12.175), which can answer the same question.
Don’t let one report decide your case.
Keep your own record of every visit, call and document the GAL did or didn’t review. Start a free, secure case file, and use our free “File a Complaint” path if a GAL crossed the line.
Who pays the guardian ad litem?
Often you do. In 23 states the court can order parents to reimburse GAL and attorney fees to the extent they can pay. In custody cases, parents often pay the GAL directly.
- CPS cases: in 33 states the court pays attorney or GAL fees, but 23 states let the court bill parents. In Tennessee, the person found responsible for the abuse or neglect pays (CWIG).
- Virginia: the court must order a parent or petitioning party to reimburse the state for the GAL’s fee. It can reduce or waive the fee if you can’t pay, and indigent parties are exempt unless there’s good cause (Va. Code 16.1-267).
- Washington custody cases: the court may order one or both parents to pay the GAL based on ability to pay, and non-volunteer GALs must give the parties an itemized monthly accounting (RCW 26.12.175).
Think about what that means: in some cases the person writing a report about your parenting is billing you for it. Ask for the fee order and every itemized bill. Billing records show how much time the GAL actually spent with your child.
If you can’t afford the GAL’s fees, tell the court in writing and ask about a reduction or waiver. Don’t simply stop paying a court-ordered fee.
Can you sue a guardian ad litem?
It’s very hard. Courts often treat GALs as part of the judicial process and give them immunity from lawsuits, and some states write that immunity into law.
Kurzawa v. Mueller
A GAL was entitled to absolute immunity. The court reasoned GALs need protection from suits by “dissatisfied parents.”
MI, OH, KY, TN Read the opinionFla. Stat. 39.822
Presumes GAL program participants act in good faith and makes them immune from civil or criminal liability. Appointment orders also open confidential medical, mental-health, school and financial records.
Florida See the sourceImmunity rules vary by circuit and state, and courts disagree about acts outside the GAL’s court role. Talk to a lawyer about your situation. For most parents, the realistic remedies are inside the case: object, cross-examine, and ask the court to remove the GAL.
A GAL can shape where your child lives, see your medical records and bill you for the work — and still be shielded from the parents it affects.
FAN Research Desk
When the GAL gets it wrong: what you can do.
Work through these with your lawyer. Start early. Problems raised before trial have a better chance than problems raised after the order.
- Option 1
Respond in writing to the report
In Washington custody cases, the report is due 60 days before trial, and parties can file written responses the court must consider (RCW 26.12.175).
- Option 2
Challenge the report in court
Ask your lawyer about calling the GAL as a witness and questioning the basis for each recommendation. See the questions below.
- Option 3
Ask the program for a review
In Washington, a party can request a program review of a CASA or volunteer GAL, which must be finished within 5 judicial days (RCW 26.12.175). Minnesota’s State GAL Board takes complaints from parties, within 30 calendar days (MN GAL Board).
- Option 4
Move to remove the GAL
Washington lets a party still dissatisfied after the program review ask the court to remove the appointee (RCW 26.12.175). Georgia’s Child Advocate sends GAL complaints to the presiding judge (GA OCA).
- Option 5
File a bar complaint
If the GAL is a lawyer, complaints go to the state bar: the Virginia State Bar (VA OCO) or the State Bar of Georgia (GA OCA), for example.
- Option 6
Raise it on appeal
If the final order rests on a flawed GAL report, ask your lawyer whether it can be raised on appeal.
Questions to raise with your lawyer
- How many times did the GAL see my child, where and for how long? Does that match the bill?
- Did the GAL visit my home, or talk to my references, teachers and doctors?
- Which documents did the GAL read? Did they read mine?
- Is the recommendation based on the GAL’s own investigation or on the caseworker’s report?
- Did the GAL tell the court what my child wants? (Required in 29 states, per CWIG.)
Where to complain about a GAL (and where not to bother).
Complain to the GAL program, the state bar if the GAL is a lawyer, and the judge in your case. Most state ombudsman offices say GALs are outside their reach.
| Route | What it can do | Source |
|---|---|---|
| The judge in your case | Remove the GAL for good cause; weigh your written response to the report | RCW 26.12.175; GA OCA |
| The GAL program | Review the GAL’s conduct. Minnesota: complaints from a party within 30 days; Washington: review within 5 judicial days | MN GAL Board; RCW 26.12.175 |
| The state bar | Discipline a GAL who is a lawyer | VA OCO; GA OCA |
| Arizona legislative ombudsman | No jurisdiction over the judge, GAL or CASA | AZOCA |
| Washington family ombuds (OFCO) | Can’t investigate court decisions, attorneys or CASA/GALs | WA OFCO |
| West Virginia Foster Care Ombudsman | Can’t act against GALs, prosecutors or judges | WV FCO |
| Georgia Office of the Child Advocate | No authority over superior court GALs; refers you to the bar or the judge | GA OCA |
Check your own state’s GAL program and bar for current procedures.
Document everything first: dates of every GAL contact, what was said, what records you gave them. Then use FAN’s free File a Complaint path on our portal, which is open to anyone. For complaints about caseworkers instead, see how to file a complaint against CPS.
What the record shows about GALs and CASA.
A federal audit found children with a CASA volunteer were reunified with their parents less often and stayed in foster care longer. The audit itself cautioned that CASA cases tend to be the most serious ones.
The U.S. Department of Justice Inspector General (2006) found children with a CASA volunteer were reunified with a parent 40.8% of the time, compared with 54% nationally, and stayed in foster care longer: 15.8 months versus 13.8 (DOJ OIG audit). The OIG warned that CASA volunteers are often assigned the most serious cases, so CASA did not necessarily cause those results. The honest reading: this audit doesn’t prove CASA causes worse outcomes, and it gives parents no reason to assume a CASA will help them reunify.
Meanwhile the scale keeps growing: about 79,000 CASA/GAL volunteers served 214,000 children in 2024, through 890 programs in 48 states and D.C. (National CASA/GAL; National CASA/GAL).
- Influence: recommendations “nearly always accepted by judges,” according to research National CASA/GAL cites (National CASA/GAL).
- Accountability: absolute immunity in some courts (Kurzawa) and exclusion from state ombudsman review (AZOCA; WA OFCO; WV FCO).
- Access: in Florida, a GAL appointment order opens your confidential medical, mental-health, financial and school records (Fla. Stat. 39.822).
Facing a GAL who got it wrong? Start here.
Build your own record, raise problems early through your lawyer, and use every complaint route that exists. FAN can help you organize it.
- Log every GAL contact with your child: date, place, how long
- Give the GAL your documents in writing and keep proof you did
- Request the appointment order, fee order and itemized bills
- Respond to the GAL report in writing before the hearing
- Use FAN’s free “File a Complaint” path, open to anyone
- Tell our newsroom if your GAL story is part of a pattern
FAN is not a law firm and can’t represent you. What we can do is help you turn what happened into a clear, documented record, and report on the patterns. Read more in our coverage of family court and fathers’ rights.
Frequently asked questions
What is a guardian ad litem?
A person the court appoints to investigate and recommend what’s in a child’s best interests. In CPS cases, federal law requires one in every abuse or neglect case that goes to court.
Is a GAL required in CPS cases?
Yes. Under CAPTA, states must appoint a GAL in every abuse or neglect case that reaches court. It can be an attorney, a CASA volunteer or both.
Is the GAL my child’s lawyer?
Not necessarily. Only 16 states require the GAL to be an attorney, and a best-interest GAL doesn’t have to argue for what your child wants. The GAL is never the parent’s lawyer.
What’s the difference between a GAL and a CASA?
A CASA is a trained, unpaid volunteer. In 16 states a CASA can serve as the GAL; in others a CASA works alongside one.
Does the GAL have to tell the judge what my child wants?
In 29 states, yes, along with the GAL’s own recommendation. In 16 states the court may appoint separate counsel for the child’s wishes.
Who pays the guardian ad litem?
It varies. Courts pay in many states, but 23 states let the court order parents to reimburse fees. In custody cases, parents often pay the GAL directly.
How much weight does the judge give the GAL’s report?
A lot. Research cited by National CASA/GAL says CASA/GAL recommendations are nearly always accepted by judges.
Can a GAL be removed?
Yes, by the court. Washington law lets a party request a program review and then ask the court to remove the GAL. Ask your lawyer about a motion to remove in your state.
How do I complain about a guardian ad litem?
Through the GAL program (Minnesota requires complaints within 30 days), the state bar if the GAL is a lawyer, and the judge in your case. Document every contact first.
Can the state ombudsman investigate my GAL?
Usually not. Oversight offices in Arizona, Washington, West Virginia and Georgia say GALs are outside their authority.
Can I sue a guardian ad litem?
It’s very difficult. Some courts give GALs absolute immunity (Kurzawa v. Mueller, 6th Cir. 1984), and some states, like Florida, grant immunity by statute. Talk to a lawyer.
Can I respond to the GAL’s report?
Yes. In Washington custody cases the report is due 60 days before trial, and you can file a written response the court must consider. Ask your lawyer about your state’s rules.
Does having a CASA help families reunify?
A 2006 DOJ Inspector General audit found lower reunification rates in CASA cases (40.8% vs. 54% nationally), but cautioned that CASA cases are often more serious, so CASA didn’t necessarily cause the gap.
Can the GAL see my medical and mental-health records?
In Florida, yes. A GAL appointment order gives access to confidential medical, mental-health, school and financial records. Other states have their own rules.
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Sources (21) +
- 42 U.S.C. 5106a (CAPTA)
- Child Welfare Information Gateway: Representation of Children in Child Abuse and Neglect Proceedings (PDF)
- Child Welfare Information Gateway: representation of children (summary page)
- Va. Code 16.1-267
- RCW 26.12.175
- Kurzawa v. Mueller, 732 F.2d 1456 (6th Cir. 1984)
- Fla. Stat. 39.822
- DOJ Office of the Inspector General: CASA program audit (2006)
- National CASA/GAL
- National CASA/GAL: our reach
- National CASA/GAL: research and effectiveness
- Minnesota State GAL Board
- Minnesota GAL Board: complaint procedure
- Minnesota GAL Board: submit a complaint
- North Carolina Courts: volunteer as a GAL
- Florida Statewide Guardian ad Litem Office
- Arizona Ombudsman-Citizens’ Aide: child safety
- Washington Office of the Family and Children’s Ombuds
- West Virginia Foster Care Ombudsman
- Georgia Office of the Child Advocate
- Virginia Office of the Children’s Ombudsman: complaints
Father’s Advocacy Network is a nonprofit newsroom and family-advocacy organization, not a law firm. This guide is general information, not legal advice. Laws differ by state and change often; talk to a family defense lawyer about your situation. Spot an error? Tell our corrections desk.
