What does a guardian ad litem do in an Indiana custody case?

When you and your child’s other parent disagree about custody, it can feel difficult to show the court what your child needs most. A guardian ad litem (GAL) may become involved to help the court understand your child’s circumstances and determine what arrangement serves their best interests. Knowing what to expect can help you prepare for this part of your case.

Here is what a GAL does and how their involvement may affect your custody proceedings.

Investigates the child’s circumstances

Through interviews and other fact-finding, a GAL gathers information about your child’s life, needs and family situation. Depending on the case, this may involve speaking with you, the other parent and people familiar with your child’s circumstances.

The investigation may also include reviewing relevant records, talking directly with your child and visiting places where your child spends time.

Considers the child’s best interests

The information gathered helps the GAL assess your child’s needs rather than simply decide which parent makes the stronger argument. Indiana’s guidelines direct GALs to consider the child’s physical, emotional, developmental, psychological and educational needs.

If your child shares their wishes, the GAL generally must convey them to the court, subject to limited exceptions. However, your child does not have to choose between parents, and the GAL will not try to influence them into doing so.

Makes recommendations to the court

After reviewing the available information, the GAL may recommend a custody or parenting time arrangement. Indiana’s guidelines, effective Jan. 1, 2025, require the GAL to report findings to the court, either orally or in writing, depending on the court’s instructions. The judge makes the final custody decision, so the recommendation does not automatically determine the outcome.

Prepare for the GAL’s involvement

Cooperating with the GAL helps ensure the investigation includes relevant information about your child’s life. Answer questions honestly, provide requested records and share specific concerns about your child’s well-being without pressuring them to take sides.

If you disagree with the findings or recommendations, an attorney can help you review the report, address factual errors and present your concerns to the court.