When navigating complex family law matters involving children, courts often appoint a guardian ad litem (GAL) to protect a child’s best interests. This court-appointed advocate plays a critical role in custody disputes, abuse/neglect cases, and other legal proceedings where minors’ welfare is at stake. At Hobson & Hobson, P.C., our Atlanta family law attorneys frequently work with GALs to ensure children’s voices are heard while protecting parental rights.

The Role of a Guardian Ad Litem

A guardian ad litem is a neutral third party appointed by the court to investigate and advocate for a child’s best interests in legal proceedings. Unlike attorneys representing parents, the GAL focuses solely on the child’s needs, acting as the court’s “eyes and ears” in emotionally charged situations. Key responsibilities include:

• Interviewing the child, parents, teachers, and other relevant parties
• Reviewing medical, school, and social service records
• Observing parent-child interactions
• Submitting written reports with custody recommendations
• Testifying in court about their findings

In Georgia, GALs are often appointed in cases involving:

1. Contested custody disputes
2. Allegations of abuse or neglect
3. High-conflict divorces
4. Relocation requests affecting parenting time

How Does the Guardian Ad Litem Process Work?

The guardian ad litem process typically follows these stages:

1. Court Appointment: A judge assigns a GAL based on case complexity or allegations of harm.
2. Investigation Phase: The GAL conducts home visits, interviews stakeholders, and gathers evidence (3–6 weeks).
3. Report Preparation: A detailed report outlines findings and recommendations for custody/visitation.
4. Court Testimony: The GAL presents evidence and answers questions during hearings.

Georgia courts use GALs in approximately 15–20% of contested custody cases, according to Georgia Legal Aid.

Is a Guardian Ad Litem a Lawyer?

While some states require GALs to be attorneys, Georgia allows both lawyers and trained professionals (social workers, CASA volunteers) to serve in this role. Key differences:

The American Bar Association notes that 32 states require GALs to have legal training in certain cases.

How Do You Get a Guardian Ad Litem?

Parents or attorneys can request a court-appointed guardian ad litem by:

1. Filing a motion explaining why the child’s interests need independent representation
2. Demonstrating high conflict between parents
3. Providing evidence of safety concerns (abuse, substance abuse, mental health issues)

Judges may also appoint GALs sua sponte (without a request) in cases involving:

• Domestic violence allegations
• Special needs children
• International custody disputes

At Hobson & Hobson, P.C., we help clients navigate GAL requests while protecting parental rights.

The Guardian Enlightenment Phase

During the investigation (sometimes called the guardian enlightenment phase), GALs use tools like:

• Standardized parenting assessments
• Child interviews using age-appropriate techniques
• Collateral contacts with therapists or pediatricians
• Review of digital evidence (texts, social media)

A 2023 study by the National CASA/GAL Association found that children with GALs are 50% less likely to re-enter foster care.

Working With a Guardian Ad Litem: Practical Tips

1. Be Transparent: Withhold no relevant information – GALs discover hidden assets or misconduct in 23% of cases (Forbes).
2. Focus on the Child: Avoid criticizing the other parent; discuss schedules/schooling instead.
3. Document Everything: Keep a parenting journal tracking interactions and concerns.
4. Consult Your Attorney: Our team at Hobson & Hobson, P.C. prepares clients for GAL interviews and evidence reviews.

Challenging a Guardian Ad Litem’s Recommendations

If you disagree with a GAL’s report, your attorney can:

• Cross-examine the GAL in court
• Present contradictory evidence
• Request a second opinion (in rare cases)
• Appeal the final order

Georgia courts upheld GAL recommendations in 82% of contested cases last year (Georgia Justice Project).

FAQ: Guardian Ad Litem in Georgia

What qualifications do GALs need in Georgia? Georgia requires 40 hours of initial training and 12 annual continuing education hours through programs like those offered by the Georgia Office of the Child Advocate.

Can I choose my child’s GAL? No – judges appoint GALs from certified lists. However, attorneys can object to unqualified candidates.

How much does a guardian ad litem cost? Fees range from $1,500–$5,000+, typically split between parents. Low-income families may qualify for free services.

How long does the GAL process take? Most investigations conclude within 90 days, but complex cases can take 6+ months.

Can a GAL recommendation override parental rights? While influential, judges make final decisions. Strong evidence can overcome unfavorable GAL reports.

If you’re facing a custody case involving a guardian ad litem, contact Hobson & Hobson, P.C. at (770) 284-6153. With over 30 years of combined experience in Atlanta family law, we’ll protect your rights while ensuring your child’s voice is heard.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.