Guardian Ad Litem vs. Custody Evaluator

Two Different Roles — Don't Confuse Them

Both a Guardian Ad Litem (GAL) and a custody evaluator influence custody decisions, but they serve different functions, have different training, and operate under different rules.

Guardian Ad Litem (GAL)

What they are: An attorney or trained volunteer appointed by the court to represent the child's best interests (not the child's wishes — there's a difference).

What they do:

Investigate the family situation
Interview both parents, the children, and relevant third parties
Review documents and records
May attend hearings and make recommendations
May file reports with the court
Advocates for what they believe is best for the child

Training: Varies by state. Some states require attorneys; others use trained volunteers (CASA volunteers in some jurisdictions).

Cost: $2,000–$5,000 typical. Usually split between parties or allocated by the court.

How they influence the court: GALs make recommendations to the judge. Some judges give GAL recommendations significant weight, especially regarding the child's day-to-day experience.

Custody Evaluator

What they are: A licensed mental health professional (psychologist, LCSW) who conducts a comprehensive psychological evaluation of the family.

What they do:

Conduct extensive interviews with both parents (multiple sessions)
Administer psychological testing (MMPI-2, PAI, etc.)
Observe parent-child interactions
Conduct home visits
Interview children using age-appropriate methods
Contact collateral sources (teachers, doctors, therapists)
Write a detailed written report with findings and recommendations

Training: Licensed mental health professional with specialized training in custody evaluations.

Cost: $3,000–$10,000. More expensive due to the depth of the evaluation.

How they influence the court: The evaluator's report carries significant weight as expert testimony. Judges follow evaluator recommendations in the majority of cases.

Key Differences

| Factor | GAL | Custody Evaluator | |---|---|---| | Role | Child's advocate | Neutral assessor | | Background | Attorney or volunteer | Mental health professional | | Psychological testing | No | Yes | | Written report | Sometimes | Always | | Expert witness | Typically no | Yes | | Cost | $2,000–$5,000 | $3,000–$10,000 | | Duration | Ongoing during case | 2–6 month evaluation period |

How to Interact With Each

With a GAL

Be cooperative and responsive
Provide access to your children during your parenting time
Share relevant documents proactively
Be honest and child-focused
Don't try to "win them over" — be genuine

With a Custody Evaluator

Same principles apply, plus:
Prepare for psychological testing (get adequate sleep, be honest on questionnaires)
Have your home ready for visits
Provide organized documentation
Follow any requests promptly

When to Request Each

Request a GAL when:

The child's voice needs to be heard in the proceedings
There are concerns about the child's safety or wellbeing
The child is caught in the middle and needs an independent advocate

Request a custody evaluation when:

There are serious disputes about parenting capacity
Mental health concerns need professional assessment
Alienation is suspected and needs expert identification
You need a comprehensive, expert opinion to present to the court

Your Right to Challenge Recommendations

You can challenge either's recommendations:

Cross-examine them at the hearing
Present contradicting evidence
Hire your own expert to review the evaluation
Point out procedural errors or bias

Next Steps

Discuss with your attorney which (if either) would benefit your case
Prepare to be cooperative and genuine with whoever is appointed
Focus every interaction on your children's needs
Document your parenting involvement thoroughly