What Is the Role of a Guardian ad Litem?

When parents are locked in a serious dispute over their children, a judge cannot personally investigate the family, so the court sometimes appoints a neutral person to do it: a guardian ad litem. The guardian ad litem, often shortened to GAL, investigates the family's situation and reports to the court on what is in the child's best interests. For Snohomish County parents who learn a GAL has been appointed in their case, understanding this role, and how to work with it, is important. This topic is part of Washington guardianship law.

What a Guardian ad Litem Is

A guardian ad litem in a family law case is a person appointed by the court to represent the best interests of the child. The GAL is not the child's lawyer in the ordinary sense and does not simply advocate for what the child wants. Instead, the GAL's job is to look into the family's circumstances and give the court an informed, independent assessment of what arrangement would serve the child. Related guides cover What Is a Guardian ad Litem? and What Happens If a Guardian Becomes Incapacitated?.

Washington authorizes this role in RCW 26.12.175. Under that statute, the court may appoint a guardian ad litem to represent the interests of a child when the court believes the appointment is necessary to protect the child's best interests. The statute is explicit that the guardian ad litem shall always represent the best interests of the child. That phrase is the heart of the role: the GAL serves the child's welfare, not either parent's agenda.

What a Guardian ad Litem Actually Does

The core function of a GAL is to investigate and report. Under RCW 26.12.175, the guardian ad litem's role is to investigate and report factual information regarding the issues the court has ordered to be examined, and the GAL may make recommendations based on that investigation, which the court may consider and weigh alongside the positions of the parties.

In practice, that investigation can be wide-ranging. A guardian ad litem may interview both parents, speak with the children, talk to teachers, doctors, therapists, and other people involved in the children's lives, observe the children with each parent, review relevant records, and look into any specific concerns the court has flagged, such as allegations affecting a parent's fitness. The aim is to give the court a fuller, on-the-ground picture than it could get from the parents' competing declarations alone.

When a child has a preference about the parenting plan, the GAL has a specific duty. Under RCW 26.12.175, if a child expresses a preference regarding the parenting plan, the guardian ad litem reports that preference to the court, together with the facts about whether the preference is being expressed voluntarily and the degree of the child's understanding. This is how a child's voice often reaches the court, filtered through a neutral professional who can assess whether the child is speaking freely.

The Report and the Parents' Right to Respond

The investigation culminates in a written report. Under RCW 26.12.175, the guardian ad litem files the report with the court, and the statute sets a timing rule that it be filed at least sixty days before trial, so the parties have time to review it. The court can also require periodic status updates during the investigation.

Importantly, the GAL's report is not the last word, and parents are not stuck with it. The same statute provides that the parties may file written responses to the report, and the court must consider those responses, including any factual information or recommendations they contain. So a parent who believes the GAL got something wrong has a formal avenue to say so. The judge weighs the GAL's recommendations along with everything else in the case; the GAL informs the decision but does not make it.

Who Pays, and How GALs Are Selected

Guardians ad litem are usually not free, and the cost is a legitimate concern for families. Under RCW 26.12.175, the court enters an order for the costs and fees of the guardian ad litem and may order one or both parents to pay, according to their ability to pay. When both parents are indigent, the county may bear the cost, subject to available funding. GALs who are not volunteers must provide the parties with an itemized monthly accounting of their time and billing.

Washington also has rules governing GAL qualifications and selection. Under RCW 26.12.177, guardians ad litem must complete required training, and courts generally select compensated GALs from a rotational registry, with procedures that let parties raise concerns about a particular appointee. These safeguards exist to promote competent, impartial GALs.

How to Work With a Guardian ad Litem

Because a GAL's report can carry real influence with the court, how you engage with the process matters. The most effective approach is straightforward: be cooperative, honest, and child-focused. Respond promptly to the GAL's requests, provide the information and records they ask for, and let them see your genuine relationship with your child. Avoid badmouthing the other parent or trying to coach your child, since GALs are experienced at spotting that and it tends to backfire. Remember that the GAL is evaluating what is best for your child, so demonstrating that you put your child's needs first is exactly what helps.

If you have genuine concerns about the GAL's investigation or conclusions, there are proper channels, including filing a written response to the report and, in appropriate circumstances, raising qualification or conduct concerns through the available procedures. Handling disagreements through those channels is far more productive than attacking the GAL.

Get Guidance in Snohomish County

A guardian ad litem appointment usually signals that the court takes the dispute seriously and wants an independent look at what is best for your child. Working with the GAL effectively, and responding appropriately to the report, can significantly affect the outcome. If a guardian ad litem has been appointed in your Snohomish County case, or you think one may be, the Law Office of Chad Foster can help you understand the process and present your case in the best light. Reach out to talk through your situation.