Guardian ad Litems

Last reviewed November 3, 2026

A guardian ad litem, often called a GAL, is a neutral person appointed by the court to represent a child’s best interests. In Minnesota family court, a guardian ad litem may be appointed when custody or parenting time is disputed. This article explains when a GAL is appointed, what the GAL does, and how the court uses the GAL’s recommendations. It is part of the site’s guide to custody and parenting.

What “Guardian ad Litem” Means

“Ad litem” is Latin for “for the lawsuit.” Accordingly, a guardian ad litem is a guardian only for purposes of the court case. A GAL does not have legal custody of the child, does not live with the child, and does not control the child’s property. Instead, the GAL acts as an independent voice for the child’s interests.

When a Guardian ad Litem Is Appointed

Minnesota law provides for two kinds of appointment in custody, divorce, and legal separation cases:

• Discretionary appointment. When custody or parenting time is at issue, the court may appoint a GAL to advise it (Minn. Stat. § 518.165, subd. 1).
• Required appointment. If the court has reason to believe the child is a victim of domestic child abuse or neglect, it must appoint a GAL (subd. 2).

Guardians ad litem also serve in juvenile court cases, such as child protection matters. This article focuses on family court.

A Guardian ad Litem’s Responsibilities

By statute, a GAL must (subd. 2a):

1. conduct an independent investigation, which ordinarily includes reviewing records, meeting and observing the child at home, considering the child’s wishes, and interviewing parents and others;
2. advocate for the child’s best interests throughout the case;
3. keep case information confidential, except as the law allows;
4. monitor the child’s interests while the case is pending; and
5. submit written reports with conclusions, recommendations, and the facts that support them.

The Minnesota Rules of Guardian ad Litem Procedure (Gen. R. Prac. 901–907) add further standards. For example, they set minimum qualifications and prohibit improper ex parte contact with the judge. In addition, every GAL must pass a background study before appointment and every three years after (subd. 4).

How the Court Uses the GAL’s Recommendations

The GAL’s report applies the best-interests factors in Minn. Stat. § 518.17. Although the judge makes the final decision, courts often give a GAL’s recommendations considerable weight. The GAL may also testify at a hearing or trial.

Because of that influence, parents should be candid, responsive, and cooperative with the GAL. Inconsistent or misleading statements can damage a parent’s credibility.

Guardian ad Litem Fees

When a GAL is appointed on a fee basis, the court orders the fees paid by one or both parties. Any portion the parties cannot pay is covered by the State Guardian ad Litem Board. Moreover, the court may not order fees paid by a party receiving public assistance or legal aid, or by a party whose income is below the federal poverty line (subd. 3).

Guardian ad Litem or Custody Evaluator?

A GAL and a custody evaluator both investigate and make recommendations. However, a GAL advocates for the child throughout the case, while an evaluator prepares an independent report under a separate statute. A court may appoint either, or in some cases both.

More Information

The Minnesota Guardian ad Litem Board oversees the state program. Its website explains the program’s standards and how to raise a concern about a GAL.