Short answer: A guardian ad litem in Minnesota is a person the court appoints to look into a custody case and recommend what is best for the child. A custody evaluation is a similar investigation, usually done by a county or private evaluator. Both interview the parents, look at the child’s situation, and write a report with recommendations. The judge makes the final decision, but these reports often carry significant weight.
In a contested custody case, the judge may want an independent look at the family before deciding. That usually means a guardian ad litem, a custody evaluation, or both.
If a Minnesota guardian ad litem has been appointed in your case, or might be, this page explains what to expect.
What is a guardian ad litem in Minnesota?
A guardian ad litem (often called a “GAL”) represents the child’s best interests in court. A GAL doesn’t represent either parent and doesn’t serve as the child’s lawyer. Instead, the GAL investigates and advises the court about custody and parenting time.
Under Minnesota Statutes, section 518.165, the court decides when to appoint a guardian ad litem in Minnesota family cases. The court:
- may appoint a GAL in any case where custody or parenting time is in dispute, and
- must appoint a GAL if it has reason to believe the child is a victim of domestic child abuse or neglect.
What a guardian ad litem in Minnesota does
The law lists the GAL’s main responsibilities. A GAL:
- conducts an independent investigation, which usually includes reviewing documents, meeting and observing the child at home, and interviewing parents, caregivers, and others who know the family,
- considers the child’s wishes, as appropriate for the child’s age,
- advocates for the child’s best interests throughout the case,
- keeps case information confidential, except as allowed by law, and
- writes reports with conclusions, recommendations, and the facts behind them.
What is a custody evaluation?
A custody evaluation (also called a custody investigation) is a formal study of the family and the parenting arrangements. Under Minnesota Statutes, section 518.167, the court may order one in a contested case, or in any custody case if a parent asks.
The evaluator may talk with anyone who has relevant information about the child. With the parents’ consent, that can include doctors, therapists, and teachers. With a court order, the evaluator may also refer the child for professional assessment.
What the evaluation report must include
The report must:
- state each parent’s position,
- evaluate the 12 best-interest factors in section 518.17,
- include a detailed analysis of the information for each factor,
- give the evaluator’s recommendation and reasons, and
- mention ways the parents can resolve future disputes.
The report must be provided to the parties at least ten days before the hearing. Each side also has the right to see the evaluator’s underlying file and to cross-examine the evaluator at the hearing.
Minnesota guardian ad litem vs. custody evaluator
The two roles overlap, but they differ in a few ways:
- Role. A GAL represents the child’s best interests throughout the case. A custody evaluator investigates and writes a report.
- Timing. A GAL often stays involved until the case ends. An evaluator’s work usually ends with the report and testimony.
- Who does it. GALs may be volunteers, staff of the state program, or private professionals. Evaluations are done by county court services or private evaluators, such as psychologists or social workers.
In some cases, the court appoints both.
Who pays?
Costs vary by county and by who is appointed. In general:
- For a GAL appointed on a fee basis, the court orders either or both parents to pay. The state Guardian ad Litem Board covers the part the parents can’t afford.
- For a custody evaluation, the court divides the cost between the parents based on their ability to pay.
- Parents who receive public assistance, receive legal aid, or have income below the federal poverty line can’t be ordered to pay these costs.
How to prepare for a GAL or evaluator
Your interview and home visit matter. Here are some practical tips:
- Keep the focus on your child. Talk about your child’s needs, routines, school, and health.
- Be honest and specific. Give concrete examples, both good and bad.
- Don’t coach your child. Evaluators are trained to recognize it, and it can seriously hurt your case.
- Be respectful about the other parent. Courts look at each parent’s willingness to support the child’s relationship with the other parent. For more, see Bad-Mouthing a Parent in a Divorce or Custody Case.
- Follow through. Return calls, sign releases promptly, and provide requested documents.
- Keep your home ready. A home visit isn’t a white-glove inspection, but your child’s space should be safe and appropriate.
How much weight does the report carry?
The judge makes the final decision. However, judges often give significant weight to a GAL’s or evaluator’s recommendation, because it comes from a neutral person who looked closely at the family.
A parent who disagrees with a report can challenge it, for example by cross-examining the evaluator, pointing out missing information, or presenting other evidence.
Common questions about a guardian ad litem in Minnesota
Will the guardian ad litem talk to my child?
Usually, yes. The GAL generally meets with and observes the child in the home, unless the court says otherwise. The GAL considers the child’s wishes as appropriate, but a child’s preference isn’t controlling. See When Can a Child Decide Which Parent to Live With?
Can I ask for a guardian ad litem?
Yes. Either parent can ask the court to appoint one, and the court decides whether it is needed.
Is a custody evaluation the same as early neutral evaluation?
No. Early neutral evaluation is a confidential settlement process, and its evaluators generally can’t later serve as the custody evaluator in the same case. See Early Neutral Evaluation (SENE and FENE).
Related pages
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