In Wisconsin custody and placement disputes, the court often appoints a Guardian ad Litem (GAL) — an attorney whose job is not to represent you or the other parent, but to investigate and advocate for the best interests of your child. Many parents are unprepared for this dynamic, and it can cost them.
What Does a GAL Actually Do?
A Guardian ad Litem typically interviews both parents, speaks with the child (depending on age), contacts teachers, doctors, therapists, and others involved in the child’s life, reviews records, and may visit each parent’s home. They then submit a written report and recommendation to the court — a recommendation that judges take seriously, though they are not bound by it.
The GAL Is Not Your Ally
This is the most important thing to understand. The GAL represents the child, not you. Anything you say to a GAL can be included in their report. They may ask uncomfortable questions, visit your home unannounced, or reach conclusions you disagree with. Treating them like an adversary is counterproductive. Treating them like your attorney is a mistake.
How to Work Effectively With a GAL
Be cooperative, honest, and focused on your child’s needs — not on winning against the other parent. Prepare your home before any visit. Be punctual for interviews. Provide requested documents promptly. Avoid speaking negatively about the other parent to the GAL; it rarely helps and often hurts. Let your attorney coach you on how to present your circumstances effectively.
Challenging a GAL’s Recommendation
If the GAL’s report contains inaccuracies or recommendations you believe are wrong, your attorney can cross-examine the GAL at hearing and present contrary evidence. The GAL’s report is influential, not final.
Attorney Christopher Carson handles custody and placement cases throughout Waukesha and Milwaukee counties. If a GAL has been appointed in your case, call (262) 860-8932 to make sure you’re prepared.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Family law practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Legal Custody vs. Physical Placement in Wisconsin: What Divorcing Parents Get Wrong · What Happens to Credit Card Debt in a Wisconsin Divorce? · How to Modify a Child Custody Order in Wisconsin
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.