By Sharie Reyes Albers, Partner, Virginia Family Law Center
A Guardian ad Litem, often called a GAL, is a court-appointed attorney who represents the child’s best interests in a custody or visitation matter. Courts do not appoint a GAL in every dispute.
The role is reserved for cases where the judge needs independent insight into the child’s circumstances or additional investigation that goes beyond what the parents can provide. Virginia Code § 16.1-266 outlines the authority for these appointments, but judges rely heavily on the facts presented in each case.
Situations Where a GAL Is Commonly Appointed
Courts often appoint a GAL when questions arise about a child’s safety or general welfare. Allegations of abuse, neglect, substance use, or inadequate supervision commonly trigger the need for an independent assessment. Judges also rely on GALs in cases marked by persistent conflict, where parents struggle to exchange information, coordinate schedules, or make routine decisions without dispute. In those situations, the court benefits from a neutral voice focused only on the child.
Judges may turn to a GAL when the parents offer conflicting accounts of the child’s daily life. If each side describes a different routine, caregiving pattern, or level of involvement, the GAL can review records, speak with teachers or counselors, and observe each home directly. Emotional or developmental concerns may lead to the same result. A child in therapy, a child with special needs, or a child showing behavioral changes tied to the dispute may require a GAL to help the court understand what arrangement best supports long-term stability.
The court may also appoint a GAL when it needs reliable insight into the child’s perspective. Children rarely testify in custody cases, so the GAL determines whether a child has a consistent and mature preference and whether that preference should be weighed under the best-interest factors in Virginia Code § 20-124.3.
What the GAL Actually Does
Once appointed, the GAL conducts an independent investigation. The work often includes interviews with each parent, the child, and anyone involved in caregiving. The GAL may visit both homes, review school and medical records, and speak with teachers, counselors, or healthcare providers who have firsthand knowledge of the child’s needs.
Written reports or recommendations may be submitted to the court, and the GAL can participate in hearings and question witnesses. Judges frequently give weight to these recommendations because they reflect direct observation and a broader fact-finding process than the parties can present on their own.
When a GAL May Not Be Necessary
Many custody cases proceed without a GAL. Judges usually avoid appointing one when communication between parents is workable, when no safety concerns appear in the record, or when the dispute centers on scheduling rather than the child’s well-being.
A GAL is also less likely in cases involving very young children who are unable to express a meaningful preference, or when the parties are making progress through negotiation or mediation.
Why It Matters to Understand the Role
A GAL can influence both the direction and the pace of a custody case. Parents who understand how the GAL works, and who demonstrate consistency, cooperation, and a child-centered approach, are often better prepared for the recommendations that follow.
About the Author
Sharie Reyes Albers is a Partner at Virginia Family Law Center and has represented parents throughout Northern Virginia in complex custody and visitation matters for more than a decade.
