Introduction
If you’re involved in a child custody dispute or a family court case in Minnesota, you may come across a term that’s unfamiliar: Guardian ad Litem, or GAL for short. While this title might sound intimidating, understanding what a GAL does—and when they are used—can help ease your concerns and prepare you for what’s ahead.
In this blog, we’ll explain the role of Guardians ad Litem in Minnesota family law cases, why a judge may appoint one, and what to expect if one is assigned to your case.
What Is a Guardian ad Litem (GAL)?
A Guardian ad Litem is a trained advocate appointed by the court to represent the best interests of a child in legal proceedings. Unlike a lawyer, a GAL doesn’t represent the parents or the child directly. Instead, their role is to act as a neutral third party whose sole focus is the child’s well-being.
Guardians ad Litem are commonly used in cases involving:
- Divorce
- Custody disputes
- Child abuse or neglect
- Child protection cases (CHIPS)
- Domestic violence situations involving children
For more information, you can visit the official Minnesota Guardian ad Litem Board.
Why Would a GAL Be Appointed in My Case?
A Minnesota family court judge may appoint a GAL when they believe that:
- The parents are highly conflicted
- There are concerns about child abuse, neglect, or safety
- One or both parents are accused of being unfit
- The child has special needs or vulnerabilities
- It is in the best interests of the child to have an independent assessment
In Minnesota, GAL appointments are mandatory in certain cases involving allegations of abuse or neglect.
What Does a Guardian ad Litem Do?
Once appointed, a GAL’s role includes:
- Investigating the facts of the case
- Interviewing the child, parents, caregivers, teachers, and others
- Reviewing court records, medical reports, and school documents
- Observing family interactions (sometimes through supervised visits)
- Reporting their findings and recommendations to the court
Their ultimate goal is to recommend what custody or parenting arrangement best supports the child’s safety, development, and overall well-being.
Is a Guardian ad Litem the Same as a Custody Evaluator?
No. While both serve in custody cases, there are differences:
| Guardian ad Litem | Custody Evaluator |
| Appointed by the court | Often hired by one or both parties |
| Focuses solely on child’s best interests | May evaluate both parents’ fitness |
| May or may not be a licensed therapist | Usually a psychologist or social worker |
| Submits a written report to the court | Submits a detailed evaluation with testing |
| May testify in court | Also may testify, often with more data |
Both roles can influence the judge’s decision, but the GAL often has more direct interaction with the family on a personal level.
What Rights Does a GAL Have?
In Minnesota, a GAL has the legal authority to:
- Access confidential records (medical, educational, court records)
- Interview all relevant parties and witnesses
- Request evaluations or assessments
- File motions or recommendations in court
- Be present at all hearings involving the child
Though they don’t make the final decision, GALs can greatly influence the judge’s ruling.
Learn more about their role through the Minnesota Courts – GAL Program.
Will the GAL Speak with My Child?
Yes. A core part of the GAL’s role is to speak directly with the child, in an age-appropriate and non-threatening way. They may:
- Ask about the child’s feelings toward each parent
- Observe how the child interacts with family members
- Consider the child’s preferences (especially if they’re older)
However, while a child’s preferences may be considered, the GAL is not bound to follow them. Their primary focus is what’s best for the child, not necessarily what the child wants.
How Much Weight Does the Judge Give to the GAL’s Recommendations?
Judges in Minnesota often place significant weight on a GAL’s recommendations—especially if the GAL is experienced and their report is well-reasoned. That said, the judge is not required to follow the GAL’s findings.
The GAL’s influence depends on:
- The quality and thoroughness of their investigation
- Whether both parents cooperate with them
- How well the GAL articulates the child’s needs and concerns
Can I Challenge a GAL’s Findings?
Yes. If you believe the GAL has made an error, is biased, or failed to consider key information, you or your attorney can:
- Request a hearing to cross-examine the GAL
- Submit contrary evidence or witnesses
- Ask the judge to appoint a different GAL (in rare cases)
Your legal team at Martine Law can guide you on the best approach to either work with or challenge the GAL’s position.
Can I Speak to the GAL Directly?
Absolutely. In fact, it’s important that you communicate with the GAL in a respectful and honest way. Here are a few best practices:
- Be cooperative and transparent
- Provide documentation when requested
- Avoid badmouthing the other parent
- Stay focused on the child’s needs
Remember, the GAL is not your enemy—they are trying to make sense of a complicated situation and ensure the child is protected.
What Happens After the GAL Completes Their Report?
Once the GAL has completed their investigation, they will:
- File a written report with the court
- Attend custody or family court hearings
- Possibly testify and answer questions under oath
The judge will review the GAL’s findings and use them as part of their overall decision regarding custody, parenting time, or child protection outcomes.
How to Work with a Guardian ad Litem Effectively
To ensure your side of the story is fairly considered:
- Respond promptly to communications
- Keep records of parenting time, communication, and routines
- Be honest—even about your mistakes
- Focus on solutions, not just complaints about the other parent
If you’re unsure how to handle your interactions with a GAL, your attorney at Martine Law can help you navigate it carefully.
Final Thoughts
A Guardian ad Litem plays a critical role in determining what is best for your child during a legal dispute. While they don’t have the power to make final decisions, their recommendations can strongly sway the court’s judgment.
Understanding their role—and how to work with them—can help protect your parental rights and your child’s well-being during a complex legal process.
For experienced legal guidance in your Minnesota custody case, contact Martine Law. We’re here to advocate for both you and your child’s future.