A Guardian ad Litem (GAL) is a person who is appointed by a court to represent and protect the best interests of a child in a civil family law case. A GAL may be appointed in divorce, paternity, guardianship, adoption, parenting time, grandparent or other visitation, third party custody matters.

A GAL must be appointed by the judge in your case. Sometimes, one or both parties request a GAL. If a GAL is requested, the Court has discretion as to whether to appoint a GAL. Sometimes, the court appoints a GAL without either party requesting it. If a GAL is appointed, the court will issue an order describing the details of the appointment.

According to Indiana’s Guardian ad Litem Guidelines, for GAL appointments after January 1, 2025, a GAL must be a licensed attorney or licensed mental health professional, a person employed by or contracted with a GAL or GAL/CASA program, or a person approved by the GAL Family Law Oversight Committee. GALs are required to participate in ongoing training and must undergo background checks.

While every case is different and other GALs may approach investigations differently, my typical investigation process involves:

o   Both parties completing preliminary information forms

o   Meeting with each party privately, typically by Zoom or in a location where the children are not present.

o   Visiting each party’s home while the children are present.

o   Speaking with the children, including in a neutral location like school if possible and if time allows.

o   Reviewing records, including relevant school, medical, DCS, criminal, and driving records.

o   Talking with service providers such as therapists and life skills coaches; talking with other people close to the children such as grandparents, teachers, and close family friends.

o   Filing a report with the court, including a summary of the investigation as well as an assessment and recommendations.

o   Attending and participating as a party in the final hearing, if a final hearing is necessary.

The court order appointing the GAL will typically address how the fees are to be paid. For example, the court sometimes orders one party to pay all of the fees. Other times, the fees are to be divided between the parents equally or according to their income shares. Occasionally, for lower income families where a GAL is necessary, the court may be responsible for the fees.

The GAL Guidelines for Family Law Cases and the GAL Code of Ethics for family law cases can both be found here.

The Indiana GAL Oversight Committee has developed an Indiana Guide to Working with a Guardian ad Litem.