If a Guardian Ad Litem has been appointed in your custody case, you may be wondering whether the GAL represents your child, what the GAL will investigate, and how much influence the GAL will have on the outcome.
A Guardian Ad Litem, commonly called a GAL, is appointed by the court and on their behalf investigates issues related to the child's best interests. GALs are required to make recommendations to the court as to legal custody and the parenting time schedule. The GAL does not represent either parent and does not make the final custody decision. While their recommendations are often adopted in a Court's final order, the Court may reject some or all of the recommendations made by the Guardian ad Litem.
The point being, you should understand what the GAL is there to do and what the GAL is not there to do.
Wooden judge’s gavel resting on a sound block beside an open law book, with scales of justice in the background.
What Is a Guardian Ad Litem?
A Guardian Ad Litem is appointed to help the court evaluate a child's best interests from an objective opinion. The GAL does not represent either parent and does not make the final custody decision.
A Guardian ad Litem does not simply advocate for the child's stated desires. A child's wishes may be relevant, but the GAL's job is to investigate and recommend what the GAL believes serves the child's best interests. A GAL may become involved in a divorce, a custody case involving unmarried parents, a parenting time dispute, or a request to modify an existing custody arrangement.
A GAL may be an attorney, but being appointed as a GAL does not mean that person is serving as the child's attorney. In some cases, the court may separately appoint an attorney to represent the child and advocate for the child's expressed wishes.
Whose Interests Does the GAL Represent?
The GAL's role is to advocate for the child's best interests, not those of either parent. A GAL may take a parent's circumstances into account when issuing their recommendation, but may choose not to recommend something a parent wants if the GAL does not believe it in the child's best interest. A parent in those circumstances may attempt to persuade the court at trial that their request is in the child's best interest despite the Guardian's recommendation.
A child's preference may be relevant, depending on the child's age, maturity, and circumstances. However, the child's wishes are not necessarily the same as the child's best interests. It is dangerous to either: present your child's stated desires as the primary argument for your desired parenting outcome, or worse to encourage your child to report to Court officials in a way that favors your desired parenting outcome. If you are discovered in a way that offends the Court, you could face significant consequences.
A GAL is required by Ohio Rule of Superintendence 48.03(D) to conduct particular investigatory activities as appropriate. Because R.C. 3109.04(F)(1)(e) says that the physical and mental health of all parties involved in a custody case is relevant to a child's best interest, a Guardian ad Litem may also request personal medical records for yourself and your child. A GAL will generally keep such records in confidence or under a protective order for sole use in the case.
At the conclusion of their investigation, a GAL will file a detailed written report in support of their recommendations.
Calling the GAL “the child’s lawyer” can create the wrong expectation about what the GAL is required to do and the scope of the GAL’s appointment. Think of a Guardian ad Litem as the Court's eyes and ears, and act accordingly.
Why Would an Ohio Court Appoint a GAL?
A court may appoint a GAL when an independent investigation would help it understand the child's circumstances.
Situations that may lead to an appointment include:
Significant disagreements about the child's care, needs, or living arrangements
Conflicting accounts of each parent's involvement
Safety, domestic violence, substance use, mental health, or neglect concerns
A custody modification, relocation, or other issue that could substantially affect the child's routine
These are examples, not an automatic checklist. While a Court is required by R.C. 3109.04(B)(2)(a) to appoint a Guardian ad Litem upon motion of a party, there are limited circumstances when a Court may resist a party's request..
What Does a Guardian Ad Litem Actually Do?
The exact investigation depends on the court's appointment order and the needs of the case. Not every GAL investigation follows the same steps.
A GAL may:
Review court filings, prior orders, and relevant records
Interview the parents and child
Speak with teachers, counselors, relatives, caregivers, or other people with relevant information
Observe the child with a parent or visit a residence when appropriate
Review school, medical, counseling, law enforcement, or child services records.
Prepare a report and recommendations for the court
A GAL is conducting a best interest investigation. The GAL is not necessarily performing a psychological evaluation, and the investigation should not be confused with a comprehensive custody evaluation.
The GAL's assignment may be broad or limited. Parents should review the appointment order with their attorneys so they understand the issues the court has asked the GAL to investigate.
What Should Parents Expect?
Parents should expect the GAL to ask questions about the child's routine, needs, relationships, home life, school, health, and current parenting arrangements.
The GAL may also ask for documents or information, including:
Existing court orders
Parenting schedules
School or childcare records
Medical or counseling information for the parent and/or child
Communications with the other parent
Relevant communications between the parents
Police reports or child services records
Information about significant people in the child's life
Other records connected to a disputed issue
If a GAL is appointed, stay organized. Respond to reasonable requests, provide the information you are asked for, and keep your communication focused on the issues the court can actually address.
Not every upsetting interaction with the other parent is equally relevant. Sending the GAL hundreds of unorganized messages or repeatedly raising personal complaints may make it harder to identify the important issues a court may assist with.
Focus on facts. If you are concerned about missed parenting time, identify the dates and what happened. If you believe a school or medical issue has been ignored, provide the relevant records. If there is a safety concern, explain the concern clearly and identify any supporting evidence. If you are worried about parsing through what is relevant to relay, you can ask your attorney, or have your attorney relay the incidents or concerns.
Common Misunderstandings About Guardians Ad Litem
"The GAL is my child's lawyer."
Not necessarily. The GAL focuses on the child's best interests. A separate attorney may be appointed to advocate for the child's expressed wishes.
"The GAL decides custody."
No. The GAL recommends. The judge or magistrate decides.
"The GAL has to follow what my child wants."
No. The child's wishes may be considered, but the GAL's role is to evaluate the child's best interests.
"I requested the GAL, so the GAL is on my side."
No. The GAL does not represent either parent.
"Everything I tell the GAL is confidential."
No. Information provided to the GAL may be considered during the investigation and may affect the report, recommendation, or testimony.
"Every GAL investigation is the same."
No. The appointment order, disputed issues, available information, and needs of the child can affect the scope of the investigation.
"The GAL recommended against my position, there is no chance at winning.”
No. The GAL report is helpful but is not the final decision. There are lots of other pieces of evidence and information that go into a judge or magistrate’s decision.
Guardian Ad Litem in Ohio FAQs
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A GAL serves the child's best interests for purposes of the court appointment. The GAL does not represent either parent. The GAL's recommendation may also differ from the child's stated preference.
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A GAL may consider the child's safety, stability, relationships, home and school adjustment, health needs, each parent's involvement, and other issues affecting the child's best interests. The particular investigation depends on the court's appointment order and the circumstances of the case.
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Usually, the GAL will gather information relevant to the investigation. That may include court orders, schedules, school or medical information, communications, and other records connected to the disputed issues. Keep the information organized and focused on what the GAL has been appointed to investigate.
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The appointment order and applicable court procedures control payment. Parents may be required to make a deposit or divide fees, but the court may allocate costs differently. There is no single statewide rate for GAL work in private custody cases.
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No. The GAL investigates and makes a recommendation. The judge or magistrate makes the final decision after considering the evidence and applicable Ohio law.
Understanding the GAL's Role
A GAL is one part of the court's decision-making process. If one is appointed in your case, understand the appointment, stay organized, respond to reasonable requests, and keep your focus on facts that are relevant to your child's best interests.
If you need guidance on a custody or parenting issue or want to explore your legal options, our team is here to help.
Contact our office to schedule a paid consultation.
About the Author
Attorney Eric Cherry focuses his practice on family law, providing practical, results-oriented representation for individuals and families across Greater Cleveland. He works closely with clients to develop strategies tailored to their unique circumstances, aiming to resolve matters efficiently while protecting their interests.
Eric approaches each case with professionalism and care, ensuring clients understand their options and the legal process. Learn more about Eric Cherry.
This article and the accompanying video are provided for informational purposes only and are intended as general guidelines. Nothing in this content creates an attorney-client relationship or constitutes legal advice on which you should rely without consulting your own retained attorney. If you have questions about your specific legal situation, please contact a licensed Ohio attorney for personalized guidance.
