When parents find themselves in the middle of a custody case, emotions can run high, and the well-being of the child can sometimes get lost in the legal process. That’s where a Guardian Ad Litem (GAL) steps in, acting as an advocate for the child’s best interests during custody disputes. With recent changes to Indiana family law, the inclusion of a GAL in custody cases has become a valuable resource for ensuring children’s needs are front and center.

What Is a Guardian Ad Litem?

A Guardian Ad Litem is a court-appointed representative whose primary role is to advocate for the best interests of a child during legal disputes, such as custody or visitation cases. Unlike an attorney, who primarily represents the interests of their client (often a parent), the GAL is tasked with independently investigating the situation and recommending what outcome would be most beneficial for the child’s well-being.

GALs are often social workers, attorneys, or trained professionals with expertise in family law and child welfare. Their role is not to take sides but to gather facts and provide the court with an unbiased assessment. This makes them an important part of custody decisions where the child’s needs may otherwise be overlooked.

How Does a Guardian Ad Litem Advocate for the Child?

The GAL acts as a neutral party that conducts a thorough investigation into the family’s circumstances. This typically includes:

Interviews: Speaking with the child, parents, extended family members, teachers, doctors, and other individuals who play a significant role in the child’s life.

Home Visits: Visiting the child’s current living environment to assess its suitability.

Document Review: Examining school records, medical histories, and any relevant legal or psychological reports.

Court Reports: Compile their findings into a formal report that outlines recommendations regarding custody, visitation, or other relevant arrangements.

By focusing solely on the child’s well-being, the GAL ensures that their voice is heard and considered during the decision-making process. In some cases, the GAL may also make recommendations regarding additional services, such as counseling or educational support.

Why Is a Guardian Ad Litem Important in Custody Disputes?

Custody disputes can be contentious, with parents often advocating for what they believe is best. However, this can sometimes overshadow the child’s actual needs or lead to decisions driven by emotion rather than logic. The GAL provides a balance, ensuring that the child’s perspective is included and that their best interests are reflected in the court’s final decision. A GAL can also bring in relevant information from interviews with medical providers, teachers, or other third parties without calling those people as additional witnesses.

Protecting Vulnerable Children

One of the primary benefits of having a GAL involved is the protection of vulnerable children. In cases involving abuse, neglect, or high-conflict divorces, the GAL can bring significant information to light, ensuring the court is fully informed before making a ruling. Their presence can also help protect the child’s mental and emotional well-being by minimizing the child’s direct involvement in court proceedings.

Promoting Fair and Balanced Outcomes

Because the GAL serves as an independent advocate, their recommendations are generally seen as unbiased and rooted in the child’s best interests. Courts often give significant weight to their findings, which can lead to more equitable and well-rounded custody arrangements.

How Does Indiana’s Recent Law Change Impact Custody Cases?

As of January 2025, Indiana family law has formally expanded the role of Guardians Ad Litem in child custody cases, making them a more common presence in contested cases. This change reflects the growing recognition of the GAL’s value in ensuring positive outcomes for children. Courts now have broader discretion to appoint a GAL when they believe it will benefit the case, particularly in high-conflict situations.

Additionally, Indiana’s new guidelines emphasize training requirements for GALs, ensuring they are adequately prepared to handle complex family dynamics and provide meaningful recommendations. For families navigating custody disputes, this means greater assurance that their child’s interests are being properly represented.

How Can CCHA Help?

At CCHA, we understand that child custody disputes can be one of the most challenging experiences for families. Our experienced attorneys collaborate closely with Guardians Ad Litem to ensure that your child’s needs are prioritized throughout the legal process. Whether you’re navigating mediation or litigation, we can help guide you through the process and ensure that your family receives the best possible outcome.

If you’re involved in a custody dispute or have questions about how a GAL could benefit your case, don’t hesitate to contact us for a consultation.