A guardian ad litem in Maryland family court represents your child's best interests — not yours. Learn what they do, when they're appointed, and how to work with them.
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What Is a Guardian ad Litem?
A guardian ad litem (GAL) — Latin for "guardian for the lawsuit" — is an attorney appointed by a Maryland court to represent the best interests of a child in a legal proceeding. Unlike each parent's attorneys who advocate for their respective clients, the GAL's sole client is the child's well-being, not either parent.
In Maryland, the appointment and role of guardians ad litem in custody cases is governed by Maryland Rule 9-
- 1. The rule distinguishes between two types of child representatives:
- Best Interest Attorney (BIA): An attorney who represents the child as a client but advocates for the child's best interests as determined by the attorney, not necessarily the child's expressed wishes
- Child's Advocate Attorney: An attorney who represents and advocates for the child's expressed wishes, like a traditional attorney-client relationship In common usage, Maryland practitioners often use "guardian ad litem" to refer to the Best Interest Attorney role.
When Is a Guardian ad Litem Appointed in Maryland?
Maryland courts appoint a GAL when the court determines that it would serve the child's best interest and that independent representation for the child is warranted. This most commonly occurs in:
- Contested custody cases where parents cannot agree on arrangements and the disputes are significant
- High-conflict custody cases involving allegations of domestic violence, abuse, substance abuse, or parental alienation
- CINA (Child in Need of Assistance) proceedings where child welfare is formally before the court
- Termination of Parental Rights (TPR) cases
- Cases involving allegations of child abuse or neglect within a custody matter
- Cases where the child has unique medical, educational, or psychological needs Either parent can request appointment of a GAL by filing a motion, or the judge may appoint one on the court's own initiative.
What a GAL Does in a Maryland Custody Case
A guardian ad litem is a trained attorney who conducts an independent investigation of the family situation. Their work typically includes:
Interviews
The GAL will meet with both parents — separately — to learn each parent's perspective on the children's needs and the history of the dispute. The GAL also interviews the children, using age-appropriate techniques. Older children's preferences are considered, though the GAL's recommendation is ultimately based on best interest, not just the child's wishes.
Records Review
GALs typically review school records, medical records, therapy records, prior court orders, criminal records, and any relevant documentation (police reports, CPS records, etc.).
Home Visits
The GAL may conduct home visits to assess each parent's living situation, safety, and parenting environment.
Collateral Contacts
The GAL may interview teachers, coaches, pediatricians, neighbors, and other individuals who can shed light on the children's well-being and each parent's relationship with the children.
Report and Recommendation
Following the investigation, the GAL submits a written report to the court with findings and recommendations on custody and parenting time. This report is presented at the custody hearing.
Participation at Hearings
The GAL participates as an active party in court hearings — examining and cross-examining witnesses, presenting evidence, and advocating for the recommended outcome before the judge.
The Maryland Courts family law overview notes that GAL recommendations carry significant weight with judges precisely because they are child-focused and independent.
How a GAL Differs from a Custody Evaluator
These two roles are often confused but serve distinct functions:
| Feature | Guardian ad Litem | Custody Evaluator |
|---|---|---|
| Role | Legal advocate for child's best interest | Mental health expert/investigator |
| Credentials | Must be an attorney | Typically a psychologist or social worker |
| Appointed by | Court | Court |
| Produces | Legal argument and recommendation | Written psychological report |
| Participates in hearings | Yes | Testifies as expert witness |
| Cost | Hourly legal fees | Professional evaluation fees (often higher) |
In complex high-conflict cases, both a GAL and a custody evaluator may be appointed — the evaluator provides the psychological assessment, while the GAL advocates using that assessment and other evidence.
Who Pays for a Guardian ad Litem?
GALs charge hourly fees that typically range from $150–$350 per hour in Maryland, depending on their experience and county. The court usually allocates the cost between the parties based on each parent's financial circumstances — often splitting it 50/50, though one party may be ordered to bear a larger share if there is a significant income disparity.
If you cannot afford your share of the GAL fees, inform the court. In some cases, especially CINA and TPR cases, GALs may be appointed from public funds.
How to Work Effectively with a GAL
The GAL is not your ally or your opponent — they are the child's ally. Approaching the GAL relationship with that understanding is essential.
Be cooperative and forthcoming. Provide requested documents promptly, make yourself available for meetings, and answer questions honestly.
Do not attempt to manipulate the GAL. Excessive gift-giving, badmouthing the other parent, or attempting to "win over" the GAL with elaborate presentations often backfires. GALs are experienced at recognizing performative behavior.
Introduce the GAL to your parenting genuinely. Let them see you interacting naturally with your children. Staged environments or overly scripted interactions are typically transparent.
Raise legitimate concerns professionally. If you have genuine concerns about the children's safety or well-being, share them with the GAL clearly and with documentation. Concerns raised through unsubstantiated accusations damage your credibility.
Respect the process. Even if you disagree with the GAL's ultimate recommendation, attacking the GAL in court — rather than presenting counter-evidence — rarely succeeds.
FAQ
Can I request a specific person to serve as GAL?
You can make suggestions to the court, but the judge has discretion over who is appointed. Courts often draw from approved GAL rosters in each county.
Does the GAL's recommendation determine the outcome?
No. The judge is not bound by the GAL's recommendation. However, GAL recommendations carry significant evidentiary weight and are typically followed in the absence of strong contrary evidence.
Can I speak with the GAL privately?
Yes — the GAL will likely want to meet with each parent separately. However, be aware that everything you say to the GAL may be included in their report to the court.
What if I disagree with the GAL's report?
You can cross-examine the GAL at the hearing, present your own evidence, and argue against the recommendation through your attorney. The GAL's report is not the final word.
How long does a GAL's involvement last?
The GAL's appointment typically covers the duration of the custody case. Once a final order is entered, the GAL's role generally concludes unless the case is reopened for modification. This post is for informational purposes only and does not constitute legal advice. If a guardian ad litem has been appointed in your custody case, consult with a qualified Maryland family law attorney to understand how to best navigate the process.
