Should My Child Have a Guardian Ad Litem in My Divorce?

 Posted on December 00, 0000 in Child Custody

If you are going through a divorce and have a child, you may be wondering whether your child needs a legal advocate of their own for the court proceedings. In Wisconsin, the legal advocate is called a guardian ad litem, or GAL. A GAL is an attorney the court appoints to specifically represent your child's best interests. 

According to the U.S. Census Bureau analysis, nearly one-third of American children experience their parents' divorce before adulthood. Many of those divorces involve child custody and placement disputes serious enough to require a GAL. If you have questions about whether your child may need one in 2026, a Dane County, WI child custody attorney can help you think through your options.

What Does a Guardian Ad Litem Do in a Wisconsin Divorce?

A guardian ad litem is a licensed Wisconsin attorney assigned to investigate what child custody and placement arrangement is best for your child. The GAL does not simply report what the child wants, but instead weighs the child's wishes against a broader picture of what will keep that child safe and stable.

Under Wis. Stat. 767.407, a GAL in a Wisconsin divorce will typically do the following:

• Interview the child and each parent

• Review any reports of abuse or neglect

• Review the parenting plan and any mediation agreements

• Ask the court to order evaluations or testing if needed

• Investigate claims of domestic violence or substance abuse

The report typically addresses where the child should live, how parenting time should be divided, and whether either parent's behavior raises concerns.

After the investigation, the GAL gives recommendations to the court on legal custody and physical placement. Judges take these recommendations seriously, and while the court is not required to follow them, fighting a GAL's findings without strong evidence is difficult.

When Does a Wisconsin Court Appoint a Guardian Ad Litem?

A judge may appoint a GAL when the child’s best interests are at issue, and the court generally must appoint one if parents still disagree about custody or placement after mediation.

Wisconsin courts often appoint guardians ad litem in these situations:

• Both parents disagree about legal custody or physical placement

• There are claims of abuse or neglect against either parent

• Either parent has a history of alcohol or drug abuse

• The child has special needs

• The child's paternity has not been established

• The parents disagree on health, education, or religious decisions for the child

If the judge did not appoint a GAL, either parent can file a motion asking the court to appoint one. If you think your child would benefit from one, an attorney can help you make that request.

How Much Do Guardian Ad Litem Fees Cost in Wisconsin?

In Wisconsin, one or both parents are required to pay the GAL's fees. The court sets a rate and decides how to split it between the parties. 

What you actually pay depends on how much work the case requires. A straightforward custody dispute may cost a few hundred dollars, while a high-conflict case involving multiple interviews and expert evaluations can run significantly higher. If the cost is a concern, it is important to raise the issue with your attorney. The court may reduce, waive, or delay payment in some hardship cases. However, parents may still have to repay the county later.

How to Talk to a Guardian Ad Litem in a Wisconsin Divorce

Courts give GAL reports significant weight, so how you present yourself during the investigation can shape the outcome of your case.

Here are a few guidelines for working with a GAL:

• Be honest. GALs are trained attorneys who will check what you tell them against other sources.

• Stay focused on your child. Talk about how the proposed plan will benefit your child, not how it will affect your spouse.

• Do not speak badly about the other parent. Excessive criticism often reflects poorly on the parent doing it.

• Prepare your home. If a home visit is scheduled, make sure the space is clean and ready for your child.

• Do not coach your child on what to say. Courts and GALs are trained to notice this, and it can hurt your case.

Keep in mind that the GAL may conduct unannounced home visits as part of the investigation, particularly when allegations of unsafe conditions have been raised.

Can You Challenge a Guardian Ad Litem's Recommendation?

A GAL's recommendation is not a court order, and both parents have the right to challenge it. Once the GAL submits findings, both parents have the chance to respond. If you disagree, your attorney can request a hearing to challenge the recommendation.

Judges appoint GALs specifically because they trust their independent findings, so challenging a report requires solid evidence, not just a different opinion about what is best for the child. Coming to that hearing prepared and well-represented gives you the best chance of being heard.

Contact a Dane County, WI Child Custody Attorney

If you are facing a custody dispute and want to know whether a guardian ad litem could help your child, talk to an attorney. At John T. Fields & Associates, LLC, our attorney is ready to fight for your and your child's best interests at every stage. Call 608-729-3590 to speak with a Madison, WI divorce lawyer today.