Guardian Ad Litem

Guardian Ad Litem in New Jersey Custody Cases

When parents cannot agree on custody or parenting time, New Jersey courts sometimes appoint a Guardian Ad Litem (GAL) to represent the best interests of the child. A GAL is an independent professional—often an attorney, social worker, or mental health expert—whose sole job is to investigate the facts and make recommendations to the court about what arrangement serves the child’s needs.

At Gebhardt & Kiefer, our family law attorneys regularly work with and as Guardians Ad Litem in contested custody and parenting time matters. We understand how to effectively advocate for our clients while respecting the GAL’s important role in protecting children.

When Is a Guardian Ad Litem Appointed?

A court may appoint a GAL on its own motion or at the request of either parent when: 

• There are serious allegations of abuse, neglect, or substance abuse
• The child has special needs or is particularly vulnerable
• There is high conflict between the parents and the court needs an independent assessment
• The child’s wishes or best interests are unclear or disputed 

The GAL’s services are to the court on behalf of the child—not to either parent. The GAL acts as an independent factfinder and investigator.

What Does a Guardian Ad Litem Do?

A GAL’s duties typically include: 

• Interviewing the child (in age-appropriate ways) and both parents
• Speaking with teachers, doctors, therapists, and other individuals who know the child
• Reviewing school records, medical records, and other relevant documents
• Observing the child with each parent
• Preparing a written report with findings and recommendations for the court
• Testifying and being cross-examined at a hearing if necessary 

Note the important distinction: a GAL is an investigator and fact-finder for the court. A “Child’s Attorney” (appointed under different rules) acts as a legal advocate for the child and can take a more active litigation role.

How a GAL Report Affects Your Custody Case

The GAL’s report often carries significant weight with the court. A favorable report can strengthen your position; an unfavorable one can create serious challenges. Our attorneys know how to work constructively with the GAL, present your side of the story effectively, and, when necessary, challenge inaccurate or incomplete findings.

Frequently Asked Questions

Can I request a GAL?

Yes. Either parent can ask the court to appoint a GAL, although the judge has discretion to grant or deny the request. 

Who pays for the GAL?

The parties usually share the cost, although the court can allocate fees differently based on financial circumstances.  In some circumstances, if warranted, the court can ask a professional to volunteer for this role. 

How long does the GAL process take?

It varies widely—anywhere from a few weeks to several months—depending on the complexity of the issues and the GAL’s schedule. 

Can I speak with the GAL privately?

Yes, but everything you say may be included in the GAL’s report and is subject to cross-examination. Honesty and cooperation are essential.

Custody and parenting time disputes are among the most emotionally charged family law matters. Our compassionate yet tenacious Hunterdon County attorneys can help you navigate the GAL process and fight for the outcome that is best for your children. Call 908-735-5161 today.