Appointment of Guardian ad Litem (GAL) Guide

Please print and follow the Procedural Checklist Step-by-Step
A GAL is an attorney who is appointed by the court to represent the best interests (not wishes) of a minor child. A GAL must be appointed if a minor child has been born or conceived during the marriage and one of the parties believes the husband is not the father, or if one of the parties is seeking to substantially change the amount of time a child will spend with a parent and the other parent doesn't agree. A GAL may be appointed if there are other legal custody or physical placement issues for which the court believes need to be protected.

You may be required to pay a $2,000.00 minimum deposit before a GAL is appointed.

Either party may request that a GAL be appointed by completing the instructions below. Once the request is made, the judge reviews the request and orders the GAL at his/her discretion. The judge may also appoint a GAL even if neither party requests one.

PROCEDURAL CHECKLIST

1. Complete the Petition for Appointment of Guardian ad Litem (FA-4136).
2. Come to the Family Division to have your form(s) reviewed for completeness any time between 8:30 am and 4:00 p.m., Monday through Friday.
3. Make two (2) additional copies. Keep one copy for your records and mail a copy to the other party.
4. Mail a copy of the Petition to the other party, complete the Affidavit of Mailing (FA-4121), and make a copy for your records. See the Service Packet for more information.
5. File the original Petition for Appointment of Guardian ad Litem and Affidavit of Mailing with the court. Ask the clerk how the parties will be notified of the court’s decision.