What a Guardian ad Litem actually is

In Georgia family law, a Guardian ad Litem (GAL) is a trained professional — usually an attorney — appointed by the superior court to investigate a child's circumstances and advocate for the child's best interests in a custody, visitation, or related family law case. Unlike an attorney representing one parent or the other, the GAL is independent and answers to the court.

Georgia GALs are appointed under Uniform Superior Court Rule 24.9, which frames the GAL's role, qualifications, and training. The rule's core idea is simple: the GAL exists to give the court an independent, investigated picture of what arrangement actually serves the child.

A GAL is not the same as:

  • An attorney representing the child. Georgia distinguishes a Guardian ad Litem from an "attorney for the child." The GAL is not the child's attorney of record and doesn't take direction from the child as a client. They form their own judgment about what's in the child's best interests, even if it differs from the child's stated preferences.
  • Either parent's advocate. The GAL doesn't work for the side that requested the appointment or the side paying the larger share of the fees. Their findings run to the court.
  • A custody evaluator. An evaluator is typically a mental health professional who conducts a clinical evaluation and writes a report. A GAL conducts a fact-gathering investigation and advocates for the child's best interests within the case itself.

What a GAL does during the case

The GAL's job is to gather information, form an independent judgment about the child's best interests, and present that judgment to the court. Practically, this means the GAL will:

  • Interview both parents
  • Interview the child (in an age-appropriate way)
  • Review medical, school, mental health, and other relevant records
  • Talk to teachers, therapists, doctors, and other people involved in the child's life
  • Review supervised visitation reports (if Peachtree or another provider is involved)
  • Sometimes observe parent-child interactions, including supervised visits
  • File a report and best-interests recommendations with the court
  • Participate in hearings, mediations, and settlement discussions
  • Testify — and be cross-examined — if the case goes to trial

How a GAL gets appointed

Georgia GALs are appointed by the superior court — sometimes on the court's own initiative, sometimes at the request of one or both parents. Common triggers for GAL appointment:

  • Allegations of abuse, neglect, or domestic violence
  • Substance abuse concerns
  • High-conflict dynamics between the parents
  • Complex custody disputes
  • The child has stated preferences that need independent evaluation
  • Concerns about parental alienation
  • Concerns about a child's mental health or special needs

The court typically orders one or both parents to pay the GAL's fees, with allocation based on income and ability to pay.

How GALs and Peachtree work together

When a Peachtree case involves a GAL, we coordinate directly with the GAL on a few things:

  • Reports. Peachtree delivers session reports to the GAL along with the parents and their attorneys, when the court order permits.
  • Communication. GALs sometimes have questions about specific incidents at visits, or want to discuss patterns they're observing across multiple sessions. We're available for those conversations at no additional charge.
  • Scheduling coordination. If the GAL wants to observe a visit, we coordinate that with both parents.
  • Records. If the GAL needs supplementary documentation — supervisor notes beyond the formal report, scheduling history, etc. — we provide it.

Peachtree's reports are written specifically with GAL review in mind. Objective, timestamped, factually anchored, with no editorializing or opinions about parenting capacity. That's the format GALs find most useful.

The GAL is not your enemy — but they're not your advocate either A common mistake parents make in GAL cases is treating the GAL as either (a) an enemy out to get them or (b) someone they can win over to "their side." Neither is right. The GAL's job is to investigate independently. Cooperate, be honest, follow the court order, and let the GAL's investigation produce whatever conclusion it produces.

How to interact with a GAL productively

  • Be honest. GALs are experienced. They notice when parents are spinning, omitting, or coaching. Honesty consistently scores better than performance.
  • Be cooperative. Respond promptly to GAL requests for interviews, records, or information. Stonewalling looks bad.
  • Don't badmouth the other parent. The GAL is evaluating both parents. Negative campaigning about your co-parent often reflects badly on you, not just them.
  • Don't coach the child. GALs are trained to detect coaching, and detecting it usually weighs heavily against the parent who did it.
  • Provide information when relevant. If you have evidence the GAL hasn't seen, share it. But don't bury them in irrelevant material.
  • Respect the child's relationship with the GAL. Don't ask the child what they discussed with the GAL. Don't try to influence their statements.

How the GAL's recommendation affects the case

The GAL's recommendation is not binding on the court, but it carries significant weight. Judges in Georgia superior courts rely on GAL input — particularly in complex cases — to inform their decisions about custody, visitation, supervised visitation, step-down timing, and other key issues.

That means a strong GAL report in your favor can meaningfully improve the outcome of your case, and a strong report against you can be hard to overcome. Behave accordingly throughout the case — not just at hearings.

If you disagree with the GAL

You have the right to disagree with the GAL's recommendation. Your attorney can:

  • Present evidence that contradicts the GAL's analysis
  • Cross-examine the GAL at hearings or trial
  • Bring in other professional witnesses (therapists, evaluators, etc.) with different perspectives
  • Request additional investigation or evaluation

What you should not do is contact the GAL directly to argue with their recommendation, badmouth the GAL to others involved in the case, or try to manipulate the child's interactions with the GAL. Any of those approaches typically makes things worse.

Common questions

Can a GAL observe my child during a Peachtree session?

Yes, with notice. GALs sometimes choose to observe a supervised visit firsthand as part of their investigation. Peachtree accommodates this — we just need the GAL to coordinate with us in advance.

How long does GAL involvement typically last?

It varies. Some GALs are appointed for a defined investigation and are discharged after they file their report. Others remain involved through final orders. Some continue post-decree if modification issues arise. Your attorney can advise on what to expect in your specific case.

Will my child have to testify because of the GAL?

Probably not — that's part of why GALs exist. The GAL interviews the child in a private, age-appropriate setting and presents the child's circumstances and best interests to the court, which usually spares the child from in-court testimony.

Can I refuse to participate in GAL interviews?

Technically yes, but refusal will be noted and will weigh against you. The court ordered the GAL's investigation for a reason. Cooperation is almost always the right call.