The Role and Cost of a Guardian Ad Litem

By Julie Reed and Alexandria Ruden

A Guardian Ad Litem plays an important role in protecting the best interests of children. A Guardian Ad Litem (GAL) is a neutral person (sometimes an attorney) assigned by the Court to investigate and report the best interests of a child. They are often assigned in juvenile and domestic relations cases when parties disagree about custody of minor children. A Court considers a GAL’s recommendations when making a decision about the custody of a child.

The GAL does not work for either party - however, one or both parties may ask for the GAL and typically must pay for the GAL. It is important to understand that a GAL provides the Court with recommendations of the best interests of the child, even if inconsistent with the child’s or parent’s wishes.

The duties of the GAL include:

1. become informed about the facts of the case and contact relevant persons;
2. observe the child with each parent, foster parent, guardian or physical custodian;
3. interview the child if age and developmentally appropriate;
4. visit the child at the residence or proposed residence;
5. ask about the wishes and concerns of the child;
6. interview others with knowledge regarding the issues in the case including school personnel and medical and mental health providers.

If a GAL is appointed, focus on using their time effectively and efficiently. This helps the GAL see you positively and you may save money. Here are a few strategies:

1. Prepare yourself for personal questions about your parenting and how the child interacts with both sides. Focus on facts, not feelings.
2. Be honest when presenting the best version of yourself; don’t waste the GAL’s time investigating untruthful claims.
3. Provide a list of people with contact information who the GAL can contact to learn about you, the other party, or the child as it relates to parenting and custody.
4. Briefly explain what you and the other parent are disagreeing about, what you want, why you want it, and where you are willing to compromise.
5. Stay on topic by listing concerns and providing important information to the GAL.
6. Ask the GAL what tasks are needed from you and what tasks you can do to help them in their investigation. You want them spending time reviewing documents, not gathering them.

If a GAL is appointed, plan for the cost. Every Court approaches the costs of a GAL differently. The average hourly rate ranges from $150 - $250 per hour. A court appointing a GAL shall make a determination of the ability of any party to pay deposit and may reconsider this determination. Most courts require a deposit when a GAL is appointed. Average deposits range from $500 to $2,000 and may have to be supplemented during the case if all the deposit is spent. GAL costs can be split in different ways to help ease financial burdens. For example, the Court can be asked to split the cost based on income of the parties.

GAL recommendations can also be useful to parties to help reach a settlement. Emotional stress and financial costs are always less if a case can be settled as compared to going to trial. Even though the GAL will not mediate, the information provided by the GAL can help parties find opportunities for compromise and resolution.

This article was published in Legal Aid's newsletter, "The Alert" Volume 38, Issue 3, in December 2022. See full issue at this link: “The Alert”- Volume 38, Issue 3 – Legal Aid Society of Cleveland.