When parents are involved in a contested child custody case, the court may appoint a Guardian ad Litem (GAL) to investigate the circumstances surrounding the child and make recommendations about what arrangement may be in the child’s best interests.

So, what does a Guardian ad Litem investigate?

A Guardian ad Litem may investigate the child’s home environment, physical and emotional well-being, relationships with each parent, school and medical history, allegations of abuse or domestic violence, and other circumstances that could affect the child’s safety and stability. The GAL may interview the child and parents, speak with teachers and healthcare providers, review records, visit the homes where the child may live, and gather other information relevant to the custody dispute. Georgia’s Uniform Superior Court Rules specifically authorize a GAL to request records and examine proposed residences, among other investigative responsibilities.

At Price Law Group, we help Georgia families navigate complex custody matters, including cases involving Guardian ad Litem investigations.

What Is a Guardian ad Litem?

A Guardian ad Litem, commonly called a GAL, is appointed by a judge to represent the best interests of a child in a legal proceeding.

In Georgia domestic relations cases, the GAL serves as an officer of the court and assists the court and the parties in reaching decisions involving child custody, visitation, and other child-related issues. The Georgia Uniform Superior Court Rules state that a GAL should be trained in areas including child development, custody and visitation investigations, interviewing children, domestic violence, substance abuse, child abuse, and assessing a child’s best interests.

A GAL is not the attorney for either parent. The GAL’s responsibility is to investigate the circumstances affecting the child and provide the court with findings and recommendations concerning the child’s best interests.

What Does a Guardian ad Litem Investigate?

The specific scope of a GAL investigation depends on the circumstances of the case and the judge’s order. However, a GAL may examine a wide range of issues.

1. The Child’s Physical Safety and Well-Being

One of the primary concerns in a custody investigation is whether the child’s physical needs are being appropriately met.

A GAL may consider:

• The child’s living conditions
• Food and shelter
• Medical care
• Hygiene and clothing
• General safety
• Stability of the home
• The child’s day-to-day care

The goal is not necessarily to determine which parent has the “better” home. Instead, the GAL is looking at the circumstances affecting the child’s overall welfare.

Georgia’s rules allow a GAL to examine residences where someone seeking custody or visitation proposes to house the child.

2. Each Parent’s Home Environment

A GAL may visit the homes of the parents or other individuals seeking custody or visitation.

During an investigation, the GAL may consider factors such as:

• Where the child will sleep
• Household conditions
• Safety concerns
• Other people living in the home
• The child’s relationship with household members
• Whether the home provides an appropriate environment for the child

A home visit is only one part of the overall investigation. Parents should not assume that a particular feature of their home will automatically determine the outcome of the custody case.

3. The Child’s Relationship With Each Parent

The GAL may examine the child’s relationships with both parents and other important people in the child’s life.

This can include:

• The child’s attachment to each parent
• The consistency of each parent’s involvement
• Relationships with siblings
• Relationships with grandparents and other relatives
• The child’s sense of security and continuity
• Each parent’s ability to support the child’s relationships with others

Georgia courts recognize that custody decisions should focus on the child’s best interests rather than simply the preferences of either parent.

4. The Child’s Wishes and Concerns

A GAL will generally meet with and interview the child in a manner appropriate to the child’s age and developmental level.

The GAL may seek to understand:

• How the child feels about each parent’s home
• The child’s concerns about the current situation
• The child’s relationships
• The child’s preferences
• The child’s needs
• The child’s long-term goals

Importantly, a child’s wishes are one factor in the overall investigation, not necessarily the deciding factor.

The GAL’s role is to assess the child’s best interests based on the totality of the circumstances.

5. School and Educational Information

Education can be an important part of a custody investigation.

A GAL may review information concerning:

• School attendance
• Academic performance
• Behavioral concerns
• Special educational needs
• Teacher observations
• School stability
• Extracurricular activities
• Relationships with peers

Georgia’s GAL rules specifically contemplate review of educational records and other relevant reports concerning the child.

Depending on the circumstances, the GAL may also communicate with teachers, counselors, school administrators, or other professionals involved in the child’s education.

6. Medical and Mental Health Information

A GAL may also investigate the child’s medical and mental health needs.

This could include reviewing:

• Medical records
• Mental health records
• Counseling information
• Treatment recommendations
• Special healthcare needs
• Developmental concerns
• Information from healthcare professionals

The Georgia rules permit a GAL to request relevant records and, when appropriate, ask the court to order examinations of the child, parents, or others seeking custody by medical or mental health professionals.

Because medical and mental health records can contain confidential information, access to those records may require an appropriate release or court order.

7. Allegations of Abuse, Neglect, or Domestic Violence

When allegations of abuse, neglect, domestic violence, or other conduct affecting a child’s safety are raised, those issues can become an important part of the investigation.

A GAL may investigate:

• Allegations of physical abuse
• Emotional abuse
• Child neglect
• Domestic violence
• Substance abuse
• Unsafe living conditions
• Other conduct that could affect the child’s health or welfare

Georgia law also provides a mechanism for courts to order an investigation of alleged abuse, neglect, or other acts adversely affecting a child’s health and welfare in contested custody cases.

Importantly, an allegation is not automatically proof that misconduct occurred. The GAL’s responsibility is to investigate the circumstances and provide the court with relevant information.

8. Each Parent’s Ability to Meet the Child’s Needs

A GAL may consider whether each parent can provide appropriate care and support for the child.

This can involve examining:

• Parenting abilities
• Availability and involvement
• Understanding of the child’s needs
• Ability to provide stability
• Ability to communicate with the other parent
• Willingness to support the child’s relationship with the other parent
• Ability to make appropriate decisions regarding education and healthcare

The focus is on the child’s needs rather than simply determining which parent is more financially successful or has a larger home.

9. Family, Community, and Social Connections

A child’s existing relationships and community ties may also be relevant.

A GAL may consider the child’s:

• School
• Friends
• Extended family
• Community
• Religious connections
• Extracurricular activities
• Cultural relationships

These relationships can contribute to a child’s sense of stability and continuity.

10. Court Records and Other Documents

A GAL’s investigation isn’t limited to interviews and home visits.

Georgia’s Uniform Superior Court Rules allow a GAL to request records relating to the child from courts, social and human services agencies, DFCS, and juvenile courts. Subject to appropriate releases or court orders, the GAL may also examine records from schools, healthcare providers, mental health professionals, and other organizations.

The GAL may also review documents already filed in the custody case.

What Happens After a Guardian ad Litem Investigation?

After completing the investigation, the GAL generally prepares a written report detailing the investigation, including the sources contacted or relied upon.

The report may include the GAL’s recommendations regarding:

• Child custody
• Parenting time/visitation
• Other child-related issues

Georgia’s Uniform Superior Court Rules provide that the court will consider the GAL’s report and recommendations. However, the GAL does not make the final custody decision. The judge retains independent authority to determine what is in the child’s best interests.

In a contested custody trial, the GAL may also testify regarding the investigation and recommendations.

Does a Guardian ad Litem Decide Who Gets Custody?

No. A Guardian ad Litem does not decide custody.

The GAL investigates the circumstances and makes recommendations to the court. Ultimately, the judge makes the custody decision.

This distinction is important. A GAL’s recommendation can be influential because it provides the court with an independent assessment of the child’s circumstances, but the recommendation does not replace the judge’s independent judgment.

What Should Parents Expect During a GAL Investigation?

If a GAL has been appointed in your custody case, expect the investigation to involve multiple sources of information rather than simply one conversation with each parent.

Depending on the case, the GAL may:

1. Meet with the child.
2. Interview the parents.
3. Visit the parents’ homes.
4. Review court documents.
5. Review school records.
6. Review medical or mental health information.
7. Speak with teachers, counselors, healthcare providers, or other relevant professionals.
8. Investigate allegations involving safety, abuse, neglect, domestic violence, or substance abuse.
9. Consider the child’s relationships and community connections.
10. Prepare a report and recommendations for the court.

The exact investigation will depend on the circumstances of the case and the issues the court has asked the GAL to address.

How Can Parents Prepare for a Guardian ad Litem Investigation?

If a GAL has been appointed, the best approach is generally to be honest, cooperative, organized, and focused on the child’s needs.

Parents may want to:

• Review their existing custody orders and parenting plan.
• Gather relevant school and medical information.
• Maintain records of important parenting issues.
• Be prepared to discuss the child’s daily routine.
• Provide requested documentation promptly.
• Avoid coaching or influencing the child.
• Avoid making negative statements about the other parent to the child.
• Follow existing court orders.
• Communicate respectfully with the GAL.
• Discuss questions or concerns about the investigation with their attorney.

Trying to “perform” for a GAL or coach a child on what to say can create additional concerns rather than helping a parent’s position.

Frequently Asked Questions About Guardian ad Litem Investigations

What does a Guardian ad Litem look for?

A GAL looks at circumstances that may affect a child’s best interests, including safety, living conditions, physical and mental health, relationships, education, stability, parental involvement, and other relevant factors.

Does a Guardian ad Litem visit your home?

A GAL may visit a parent’s home when appropriate. Georgia’s Uniform Superior Court Rules specifically give the GAL authority to examine residences where someone seeking custody or visitation proposes to house the child.

Does a GAL talk to the child?

Yes. A GAL generally meets with and interviews the child in a manner appropriate to the child’s age and developmental level.

Can a GAL talk to teachers and doctors?

A GAL may communicate with professionals involved in the child’s case and may review relevant educational, medical, psychological, and other records, subject to applicable confidentiality requirements and any required releases or court orders.

Does the GAL decide custody?

No. The GAL makes recommendations regarding the child’s best interests, but the judge ultimately decides custody.

Can a GAL recommend a custody arrangement?

Yes. A GAL’s written report may include recommendations concerning custody, visitation, and other child-related issues.

What if I disagree with the GAL’s recommendation?

A parent who disagrees with a GAL’s findings or recommendations should discuss the situation with their attorney. The GAL’s recommendation is not the final custody decision, and the parties have the opportunity to address the evidence and recommendations through the court process.

What Is the Main Purpose of a GAL Investigation?

Ultimately, a Guardian ad Litem investigation is designed to give the court a more complete picture of a child’s circumstances.

Rather than simply considering what one parent says about the other, the GAL can gather information from multiple sources and evaluate the circumstances affecting the child’s safety, stability, relationships, health, education, and overall well-being.

For parents involved in a contested custody matter, understanding what a Guardian ad Litem investigates can help reduce uncertainty and allow them to approach the process prepared and informed.

Need Help With a Georgia Child Custody Case?

Child custody disputes can become particularly complicated when a Guardian ad Litem is involved. At Price Law Group, our family law attorneys help clients navigate custody disputes and other family law matters throughout Georgia.

Price Law Group serves clients in North Georgia, with offices in Canton and Alpharetta.

If you’re facing a custody dispute or have questions about a Guardian ad Litem investigation, contact Price Law Group to discuss your circumstances and understand your legal options.

Call 770-479-1471 or schedule a consultation by contacting us through our website.