Indiana Guardian Ad Litem: Role, Appointment, and What to Expect

What a Guardian Ad Litem Actually Does

A guardian ad litem (GAL) is a court-appointed advocate whose job is to represent the child's best interests — not the grandparent's wishes, not the parent's rights, but what the GAL determines is best for the child. In Indiana guardianship and custody cases, the GAL conducts an independent investigation and reports to the judge; the report may be written or oral unless the court orders a written report.

Under IC 29-3-2-3, the court shall appoint a GAL for a minor who is not represented or adequately represented by counsel, unless a statutory exception applies. The Indiana GAL Guidelines also say a court may appoint one when the child's best interests are not adequately protected by the parties and separate representation is necessary. In uncontested guardianship cases involving only the child's estate, the court can waive the appointment by making written findings. But in contested cases — where a parent objects to the guardianship or custody petition — a GAL appointment is common.

How the Investigation Works

A GAL typically:

• Interviews the child (age-appropriately), the petitioner, both parents, and other relevant people in the child's life
• Reviews school records, medical records, and any DCS or CHINS history
• Visits the homes where the child lives and where the child would live under the proposed arrangement
• Examines court filings and evidence already on record

When a written report is ordered, the GAL must provide it to the court and parties at least 10 days before the hearing, unless all parties waive that deadline or the court finds good cause. Under Indiana Guardian ad Litem Guidelines Rule 3.12, a GAL report may not be excluded on hearsay grounds if it is timely submitted and the GAL has properly maintained and made the GAL file available, if requested.

What This Means for Your Case

The GAL's recommendation carries significant weight with the judge, though it is not binding. If the GAL recommends that guardianship or custody be granted to you, that strengthens your position considerably. If the GAL recommends against your petition, you face an uphill fight at the hearing.

Cooperate fully with the GAL investigation. Answer questions honestly, provide requested documents promptly, and make your home available for a visit. Trying to coach the child or limit the GAL's access usually backfires.

Who Pays for the GAL

For custody cases, IC 31-17-6-9 allows the court to order either or both parents to pay a GAL/CASA user fee. The court has discretion in allocating the fees. In practice, the petitioner often bears the initial cost, though the court may order the parents to contribute. County alternative dispute resolution plans or court subsidies may assist low-income families, and you should ask the court about fee assistance if cost is a concern.

A Court Appointed Special Advocate (CASA) volunteer serves a similar role in some Indiana counties, particularly in CHINS cases, and at no cost to the parties.

Preparing for a GAL-Involved Case

If you are pursuing guardianship or custody of a relative's child and expect the case to be contested, prepare for a GAL investigation from the start. Document the care you have been providing — school pickups, medical appointments, daily routines. Keep records of any communication with the child's parents about caregiving arrangements.

The Indiana Guardianship and Custody Court Process Guide walks through the full contested-case process, including how the GAL investigation fits into hearing preparation and what evidence the judge will want to see.

See more Indiana guides →