If you’re part of a child custody, guardianship, or juvenile case in Oklahoma, you may hear the term “guardian ad litem” (or GAL). For many parents, this role can seem confusing or even intimidating at first. But understanding who a guardian ad litem is—and what they do—can help you feel more prepared and informed about the legal process.
When Is a Guardian ad Litem Appointed?
In Oklahoma, courts usually appoint a GAL in high-conflict custody cases, cases involving abuse or neglect allegations, or when the court needs more information before making a decision about the child’s care. GALs are useful in a variety of cases, such as:
- Divorce and custody disputes
- Paternity actions
- Guardianship cases
- Child welfare (DHS) cases
- Adoption or termination of parental rights proceedings
The judge can appoint a GAL on their own, or either party may request one.
Who Can Be a Guardian ad Litem?
In Oklahoma, a guardian ad litem is usually a licensed attorney with special training in child advocacy. They are to remain neutral and focus entirely on what is best for the child—not what either parent wants. While they are not the final decision-maker, their report and testimony often carry significant weight.
What Does a Guardian ad Litem Do?
A guardian ad litem performs several key tasks:
1. Investigates the Case
They gather information by:
- Interviewing each parent, the child, and other relevant individuals (such as teachers, doctors, or family members)
- Visiting each parent’s home
- Reviewing school records, medical reports, or police reports
- Observing interactions between the child and each parent
2. Advocates for the Child’s Best Interests
After completing their investigation, the GAL prepares a report for the court, outlining:
- What they believe is in the child’s best interest
- Their custody and visitation recommendations
- Observations about the child’s emotional and physical needs
3. Testifies in Court
The GAL may testify at hearings or trials and may be cross-examined by each party’s attorney. Judges often take their recommendations very seriously, especially when parents strongly disagree.
What Is the Difference Between a GAL and an Attorney for the Child?
A guardian ad litem represents the child’s best interests, not necessarily the child’s personal wishes. That means if a child says they want to live with one parent, but the GAL believes that would be harmful, the GAL will recommend what they think is best—even if it goes against the child’s stated preference.
In contrast, an attorney for the child advocates for what the child wants, regardless of whether it is in their best interest.
Do I Have to Pay for a GAL?
In some cases, the court may order the parties to split the cost of the GAL. In others—especially when DHS plays a role—the state may cover the expense. If the court orders the appointment, the judge will usually determine how fees will be divided based on each party’s financial situation.
Tulsa Child Custody Attorneys
If a guardian ad litem has been appointed in your custody or guardianship case, our team can help you understand their role and how to navigate the process. The custody attorneys at Tulsa Divorce Attorneys and Associates offer a free consultation, just call us at 539.302.0303 or simply click here to ask a child custody legal question.