What Is a Guardian ad Litem (GAL)?

In some Wisconsin family law cases, the court appoints a Guardian ad Litem (GAL) to represent the best interests of the child. A GAL is an attorney who serves as an independent advocate for the child and provides recommendations to the court regarding custody, placement, and other issues affecting the child's welfare.

Many parents are surprised to learn that the GAL is not the child's personal attorney, not a therapist, and not an advocate for either parent. Instead, the GAL's job is to investigate the facts, gather information from relevant sources, and make recommendations based on what they believe is in the child's best interests.

What Does a GAL Do?

A GAL may:

  • Meet with the parents and children

  • Review school, medical, counseling, and other records

  • Speak with teachers, therapists, doctors, and other individuals involved in the child's life

  • Observe parent-child interactions

  • Attend court hearings and participate in settlement discussions

  • Make recommendations regarding legal custody, physical placement, decision-making authority, and other child-related issues

Does the Judge Have to Follow the GAL's Recommendation?

No. While judges often give significant weight to a GAL's recommendations, the GAL does not make the final decision. The judge must independently evaluate the evidence and determine what is in the child's best interests under Wisconsin law.

Should I Cooperate with the GAL?

Absolutely. Parents should treat GAL interactions seriously and professionally. The GAL's impressions of each parent's willingness to communicate, co-parent, and place the child's needs first can have a significant impact on the case.

It is important to be honest, responsive, and child-focused in all communications with the GAL. Attempts to manipulate the process, disparage the other parent, or involve the child in the litigation often backfire.

Our Approach

At Shepard Law, we help parents understand the GAL process, prepare for GAL interviews, organize relevant information, and effectively present evidence supporting their position. We work to ensure that the GAL has a complete and accurate understanding of the facts while keeping the focus where it belongs: on the best interests of the child.

If you have questions about a Guardian ad Litem's role in your case or how to navigate the GAL process, we are here to help.