Divorce is difficult for every family, especially when it comes to making decisions about child custody, visitation, and support. When divorcing parents can’t agree on these issues and mediation has failed, a special type of attorney called a guardian ad litem (GAL) may be appointed to help the court make these decisions in the child’s best interests. 

What You Need to Know About Guardian Ad Litems  

When does a GAL become involved in a custody case?

In Wisconsin, divorcing parents who cannot agree on child custody arrangements are required to participate in mediation to reach an agreement. If that fails, a GAL attorney will be appointed to help the judge make custody decisions. A GAL may also be assigned to a case if the court has concerns about a child’s welfare, as it’s the GAL’s role to see that the best interests of the child are served.

Who appoints a GAL?

A judge or family court commissioner appoints a GAL in Wisconsin, typically as a result of a motion filed by a parent. While the appointment process varies from county to county, courts often have contracts with specific attorneys eligible for GAL appointments.

How does a GAL conduct an investigation?

Like a private attorney, a GAL’s job is to uncover facts relevant to your case to present to a judge. Their investigation will include interviews with you, your spouse, and your child, as well as other parties that may be able to provide information about your parenting abilities. A GAL may also consult with experts, such as social workers and psychologists, and attempt to obtain copies of medical or mental health records. If there’s a suspicion or history of substance abuse, they may also request drug or alcohol testing.

Why pays for a GAL?

The judge decides who pays for a GAL’s services and will usually divide the fees equally between the parents. If they feel neither parent can immediately afford the costs, the judge can have the county pay the bill, but the parents will usually be required to reimburse the county.

If you have more questions about GAL appointments and child custody cases, contact the knowledgeable attorneys at Osborne, Tripp & Schmidt in Sparta, WI. In addition to family law and divorce, the firm specializes in a variety of practice areas, including personal injury, auto accidents, bankruptcy, and criminal law. This four-attorney team works closely with all of its clients to uphold their rights and provide the best legal outcomes possible. Visit their website to learn more about the legal team, and call (608) 269-2400 to schedule an appointment today.