In family law cases involving children, courts aim to protect the child’s best interests above all else. When disputes arise about custody or care, the court may appoint a guardian ad litem (GAL) to help make those decisions easier and more informed.
Understanding the guardian ad litem’s role
A guardian ad litem represents the best interests of the child—not the parents. This person acts as the court’s eyes and ears, gathering facts and making recommendations that focus solely on the child’s welfare. In Maryland, a GAL may be an attorney but functions differently than a typical legal advocate. They don’t argue for the child’s wishes—they focus on what they believe is healthiest and safest for them.
What the guardian ad litem actually does
The GAL interviews both parents, the child, and often teachers, doctors, or therapists. They may review medical records, school reports, or even police reports if needed. After collecting enough information, they present a report to the court with their recommendations for custody or visitation. Judges often give strong weight to this report, especially in high-conflict cases.
When the court appoints a GAL
Courts don’t appoint a GAL in every custody case. It usually happens when parents can’t agree or when serious issues like abuse, neglect, or mental health concerns are raised. In Maryland, Rule 9-205.1 allows for the appointment of a GAL when the judge believes it’s necessary to protect the child’s well-being during the legal process.
Why this matters for your case
If a GAL becomes involved in your custody case, it’s important to cooperate fully and stay focused on what benefits your child. The GAL’s insights carry weight, and the court often relies on their findings to shape final decisions. Understanding their role helps you better prepare and stay child-centered throughout the case.