Quick Answer: You may consider requesting a Guardian ad Litem in an Indiana custody case when the court needs an independent review of the child’s home life, relationships, needs, or well-being. A GAL investigates the family’s circumstances and makes recommendations, but the judge makes the final custody and parenting-time decisions.
What Is a Guardian ad Litem?
A Guardian ad Litem, commonly called a “GAL,” is a qualified professional appointed by the court to represent and protect a child’s best interests in a civil family law case. Indiana courts may appoint a GAL in custody and parenting-time disputes involving divorce, paternity, or third-party custody.
A GAL does not represent either parent. The GAL is also not the child’s therapist or the judge deciding the case. Instead, the GAL conducts an independent investigation and provides the court with information and recommendations about the child’s best interests.
A parent may file a motion asking for a GAL, or the court may consider an appointment on its own. However, only the judge can decide whether a GAL is needed and who will serve.
When May a Guardian ad Litem Be Helpful?
Not every custody dispute requires a Guardian ad Litem. Parents may be able to resolve scheduling issues or routine disagreements through negotiation, mediation, or evidence presented by their attorneys.
A GAL may be helpful when the court needs information that cannot be fully understood from the parents’ testimony alone.
| A GAL may be useful when | Another approach may be enough when |
|---|---|
| Parents provide very different accounts of the child’s needs | The dispute involves a limited scheduling issue |
| Neutral information is needed from schools, counselors, or healthcare providers | The necessary records are already available |
| There are significant questions about the child’s home life or relationships | The parents can resolve the issue through mediation |
| A proposed relocation may affect the child’s routine and family relationships | The request is mainly intended to strengthen one parent’s position |
| Ongoing conflict makes it difficult to obtain a clear picture of the child’s circumstances | A focused evaluation or witness testimony can address the issue |
The court may consider the child’s age and needs, the level of parental conflict, possible adult influence, relocation concerns, and whether the needed information can be obtained through a more limited process.
Because a GAL appointment can add time and expense to a custody case, parents should discuss the possible benefits and drawbacks with an Indiana family law attorney before making a request.
What Does a Guardian ad Litem Investigate?
The scope of a GAL investigation depends on the court’s written appointment order and the issues involved in the case. The GAL generally meets with the child when appropriate and gathers information from people with firsthand knowledge of the family.
Depending on the case, a GAL may interview:
- The child and both parents
- Relatives or other household members
- Teachers and childcare providers
- Counselors or healthcare professionals
- Coaches or other adults who regularly interact with the child
The GAL may also review relevant school, medical, counseling, police, or court records. A home visit or observation in another setting may be conducted when it helps the GAL understand the child’s daily life and family relationships.
The investigation is not meant to identify minor household imperfections or decide which parent is more likable. Its purpose is to provide an independent assessment of the child’s circumstances and needs.
Parents should understand that statements made to a GAL are generally not treated like private conversations with their own attorney. Relevant information may appear in the GAL’s report or be discussed in court.
How Does a GAL Help the Court?
A custody hearing may provide limited time for each parent to present evidence. A GAL can give the court a broader view by gathering information from several sources over a longer period.
After completing the investigation, the GAL may prepare a written report explaining:
- Who was interviewed
- Which records were reviewed
- What the GAL observed
- The GAL’s recommendations
- The reasons supporting those recommendations
Depending on the court order, the recommendations may address legal custody, physical custody, parenting time, or another issue involving the child’s best interests.
The court may consider the GAL’s report and testimony along with the other evidence in the case. The GAL does not issue custody orders or control the final outcome. That responsibility remains with the judge.
A parent may disagree with the GAL’s conclusions. Through the proper court process, a parent may be able to correct inaccurate information, present additional evidence, question the GAL, or respond to the report.
What a Guardian ad Litem Does Not Do
A Guardian ad Litem does not replace either parent’s attorney. The GAL cannot provide a parent with personal legal advice or develop a legal strategy for that parent.
A GAL also does not provide therapy, conduct every type of professional evaluation, or guarantee a particular custody result. The GAL investigates the assigned issues and makes recommendations based on the child’s best interests.
The judge reviews those recommendations along with the testimony, documents, and other evidence presented by the parties.
What Should You Consider Before Requesting a GAL?
Before asking for a GAL, consider whether the investigation is likely to provide information the court does not already have. A GAL should not be requested simply because one parent expects the GAL to agree with them.
Cost is another important consideration. The court’s appointment order should address how the GAL’s fees will be handled. The judge may divide the cost between the parents or allocate it differently based on the circumstances.
Parents should also ask whether a narrower option could address the issue. Mediation, school records, focused discovery, testimony from neutral witnesses, or a specialized professional evaluation may sometimes give the court the information it needs without a full GAL investigation.
An attorney can help you decide which approach is most appropriate for the facts of your custody matter.
How Should You Work With an Appointed GAL?
Cooperate with reasonable requests and provide complete, organized information. Respond promptly, follow the instructions in the appointment order, and keep the focus on the child’s needs.
Helpful preparation may include gathering relevant records, creating a clear timeline, and identifying neutral people who have personally observed the child or family. Teachers, counselors, healthcare providers, childcare providers, and coaches may provide more useful information than friends who only know what a parent has told them.
Avoid using every conversation with the GAL to criticize the other parent. Explain specific concerns calmly and support them with records, dates, or firsthand witnesses when possible.
Parents should also avoid coaching the child. The child can be told that the GAL may ask questions about family life, but the child should not be pressured or instructed to give certain answers.
Indiana’s Guardian ad Litem Guidelines
Indiana’s Guardian ad Litem Guidelines for Civil Family Law Cases took effect on January 1, 2025. They apply to cases in which the GAL was appointed on or after that date.
The guidelines establish statewide requirements related to qualifications, training, background checks, investigations, reporting, case management, and professional conduct. People seeking to serve as GALs in covered civil family law cases must meet the applicable requirements and be included in Indiana’s GAL Registry.
Dennis, Wenger & Abrell is home to attorney Cierra Van Cleave, a registered Guardian ad Litem who serves families in Delaware County and surrounding areas.
Frequently Asked Question
You may suggest a qualified GAL, and both parents may agree on a preferred person. However, the judge must approve the appointment and may choose someone else based on availability, experience, cost, or the needs of the case.
Not necessarily. The GAL may consider the child’s wishes when appropriate, but the GAL’s duty is to evaluate the child’s best interests. The child’s preference and the GAL’s recommendation may not always be the same.
The timeline depends on the issues involved, the number of interviews needed, the availability of records, and the cooperation of the parties. The appointment order may include deadlines or explain the expected duration of the GAL’s involvement.
Parents may generally communicate with the GAL as part of the investigation, subject to the appointment order and any instructions from the court. Parents represented by attorneys should ask their attorneys how communications should be handled.
A parent may raise concerns about a GAL through the proper court process, but disagreement with a recommendation does not automatically justify removal. An attorney can explain the available procedures based on the facts of the case.
Discuss Whether a GAL is Appropriate for your Custody Case
Dennis, Wenger & Abrell assists clients with Indiana custody, parenting-time, divorce, and paternity matters. The firm is also home to registered Guardian ad Litem Cierra Van Cleave. Contact Dennis, Wenger & Abrell to discuss your custody matter or ask about Guardian ad Litem services and availability.
This article provides general information and is not legal advice. Guardian ad Litem procedures, court practices, and case outcomes vary. Speak with an Indiana family law attorney about your specific circumstances.