Guardian ad Litem Virginia Custody: What They Do and How to Prepare

What a Guardian ad Litem Is

A Guardian ad Litem (GAL) is a court-appointed attorney who independently represents the child's best interests in a custody proceeding. The GAL is not your lawyer, not the other parent's lawyer, and not the court's lawyer. Their role is to give the court an independent recommendation about the child's best interests.

In Virginia, the JDR court may appoint a GAL when the court finds one is needed; appointment is not automatic in every contested nonparent custody case. Under Va. Code § 16.1-266(F), when each parent or other person claiming a right to custody has counsel, the court may appoint a GAL only if it finds the child's interests are not otherwise adequately represented. GALs are Virginia attorneys who meet standards adopted by the Judicial Council and are selected from its list of qualified attorneys, except when no listed attorney is reasonably available.

What the GAL Does

The GAL's job is to investigate the situation and give the judge an informed recommendation. That investigation typically includes:

• Interviewing the parties — the GAL meets with you, the parents, and any other significant adults in the child's life
• Interviewing the child — for older children, the GAL talks to the child directly (in an age-appropriate way) to understand their feelings and preferences
• Reviewing records — school records, medical records, CPS reports, police reports, and any prior court orders
• Visiting the home — if the home environment is at issue, the GAL should visit the child's home and any proposed alternative placement
• Speaking with collateral contacts — teachers, doctors, counselors, neighbors, or anyone else who can speak to the child's situation

The GAL then presents findings and may make a recommendation to the court, either in writing or orally at the hearing. The recommendation is not binding; the judge decides based on the evidence and statutory factors.

If the GAL Visits Your Home

The GAL home visit makes many kinship caregivers anxious. It helps to know what they may be evaluating.

The visit is not an inspection for a spotless house. The GAL wants to see:

• Safety — working smoke detectors, no obvious hazards, appropriate sleeping arrangements for the child
• Stability — signs that the child lives here and is settled (the child's belongings, a designated space for them, food in the kitchen)
• The child's comfort — does the child seem at home? Are they relaxed? Do they interact naturally with the caregiver?

Things that do not matter: whether your furniture is new, whether you have a big yard, whether your house is large. Things that do matter: whether the child has a safe, stable place to sleep, eat, and do homework.

How to Prepare

Before the visit:

• Make sure the home is clean and safe (fix obvious hazards, ensure smoke detectors work)
• Have the child's bedroom or sleeping area set up and visible
• Organize any documents the GAL has requested
• If you have pets, make sure they are under control during the visit

During the visit:

• Be honest and straightforward — the GAL will speak to other people and check your account against theirs
• Do not coach the child on what to say — GALs are trained to detect coaching and it damages your credibility
• Let the child interact with the GAL naturally
• Answer questions about the parent's situation factually, without venom — the GAL expects you to be respectful toward the parents even when the situation is difficult

After the visit:

• Follow up promptly if the GAL requests additional documents
• Do not contact the GAL repeatedly to check on their recommendation — they will present it at the hearing

Who Pays for the GAL

When a GAL is appointed, Va. Code § 16.1-267(C) requires the court to order a parent or the petitioning person with a legitimate interest to reimburse the Commonwealth for the GAL's costs, up to the amount awarded to the GAL. The court may reduce or eliminate reimbursement if a person cannot pay; a party found indigent is not required to reimburse absent good cause. Form DC-606 is the financial statement used for assessing GAL costs.

If you are found indigent, you are not required to reimburse GAL costs unless the court finds good cause. A GAL is not automatically appointed in every custody case; the court decides whether appointment is appropriate.

The GAL's Role at the Hearing

At the hearing, the GAL may:

• Present their findings and recommendation to the judge
• Call witnesses or cross-examine witnesses presented by the parties
• Submit a written report

The GAL's recommendation is not binding or controlling. The judge decides the case based on the evidence and the statutory factors.

Working With the GAL, Not Against Them

The GAL is not your adversary. Their job is to figure out what is best for the child. If that aligns with your petition — as it often does in kinship cases where the grandparent has been the child's primary caregiver — the GAL becomes your strongest ally in the courtroom.

The Virginia Guardianship and Custody Court Process Guide includes a GAL visit checklist and hearing evidence organizer to help you prepare for every part of this process.

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