Understanding the Role of the Guardian ad Litem

Hallie Van Duren • July 18, 2022

What is a GAL?

 

 A Guardian ad Litem (“GAL”) is a lawyer appointed by the court to represent the best interests of a child or children in a pending family court case. The court is required to appoint a GAL in any proceeding in which child abuse or neglect is alleged. Depending on the county, it is fairly typical for judges to also appoint a GAL in cases where custody is disputed, even if abuse and neglect is not specifically alleged.  GALs may be involved in all types of cases where custody is at issue, including: divorces, unmarried child custody cases, adoptions, grandparent visitation, third-party custody and visitation, and guardianships.

 

Ultimately, the GAL’s job is to investigate the circumstances of the child and the child's parents or caregivers, and then make a recommendation to the Judge regarding child custody. The GAL's primary consideration when proposing their recommendations is the best interest of the child, in consideration of the Missouri statutory custody factors. Courts hold GALs in high regard, and when a GAL is involved, judges rely heavily on the input of the GAL.

 

GAL Fees

 

When a GAL is initially appointed by the court, one or both parties will typically be required to pay an initial deposit. The total fees for a GAL depend on the work required on the case, and the Judge will order additional GAL fees as the case progresses, depending on the amount of time the GAL spends investigating. The issue of GAL fees will often be addressed at court appearances, with a larger deposit towards GAL fees required if a case is set for trial.

 

Often GAL fees will be allocated 50% to each party, without regard to “fault” or time spent with the GAL. Other times, the Judge will look at the income percentages of each party and the reasons the fees were incurred and order an unequal division of the fees.  It is very important that the GAL be paid as ordered.


If a GAL is assigned in your case and you are not in a position to pay, it is important that you discuss this with your attorney immediately. The judge will require both parties to pay the GAL fees regardless of what transpires throughout the case. At the conclusion of the case, any amounts not covered by ongoing fee deposits will be ordered to be paid by one or both parties.

 

What to Expect When Working With a GAL

The GAL will meet with both parties and the child, unless the child is very young. Depending on the complexity of the case and GAL’s preference, the GAL may meet with the parties and the child more than once. The GAL usually meets with the child separately from the parents, but every GAL has his or her own approach to interviewing the child and other family members.

 

Often the GAL will gather information from not only the parents and the child, but also the school, counselors, doctors, extended family, or other significant people in the child’s life. If a GAL is appointed in your case, you should be prepared to comply with a GAL’s request for the child’s medical records, and be prepared for the GAL to ask to speak to relevant people in a child’s life in order to understand the full-picture of the family situation. If there are concerns regarding a parent’s mental or physical health, or drug or alcohol addiction, the GAL may request a parent's medical records or an evaluation of one or both parents. The GAL may also make recommendations regarding communication between the parent's and counseling.


If a GAL is appointed in your case, the GAL is not the attorney for either parent. There is no attorney-client privilege with the GAL, any communication with the GAL can and likely will be shared with the other parent, the attorneys, and the Judge. 


While the GAL does play a significant role in the outcome of custody issues, the GAL does not have the authority to make final orders related to the child. The GAL can only investigate and provide a recommendation. While that recommendation has significant weight in Court, the ultimate outcome of custody issues are in the sole discretion of the Judge. Often having a GAL involved in a case will help the parents work through issues that arise while the case is pending and resolve conflicts by having a neutral party involved. By making preliminary recommendations during the case, parents can have a better idea of where their case is headed, which can sometimes help the parties reach a settlement outside of Court.  


Every family law case is different and every GAL is different. If a GAL has been appointed to your case, you should consult with your attorney about how best to engage with the GAL and what to expect.


Article written with contribution from the Firm's law clerk, Adele Rosenthal.  Adele will be starting her 2L year at Washington University School of Law.

 

 

 

 

 

 

 

 

 

 

 

September 16, 2026
We are proud to share that the Center for Family Law ha s received the Gerald R. Ortbals Law Practice Award at the 2026 For the Common Good Awards, presented by Legal Services of Eastern Missouri (LSEM). The ceremony was held in August at the Ritz-Carlton, bringing together the region's legal community to celebrate outstanding contributions to access to justice. A Firm-Wide Commitment to Pro Bono Service The Ortbals Award recognizes The Center for Family Law's longstanding dedication to pro bono service. The firm's attorneys have consistently been among LSEM's most active, reliable, and supportive partners for family law referrals. Family law cases are rarely simple. They often sit at the intersection of a client's safety, stability, and the wellbeing of their family. The attorneys who take on this work do so knowing the stakes are personal and the outcomes matter deeply to the people they represent. While LSEM has previously honored individual attorneys from the firm for their pro bono contributions, this year's award is different: it celebrates The Center for Family Law as a whole. It reflects a culture, built over more than two decades, where taking on complex, often difficult family law matters for clients who could not otherwise afford representation isn't the exception, it's the norm. That kind of consistency does not happen by accident. It is the result of firm leadership prioritizing pro bono work, attorneys stepping up case after case, and a shared belief that access to skilled legal counsel in family law matters shouldn't depend on a client's ability to pay. Thank you LSEM for this honor !
September 16, 2026
We're delighted to announce that our attorneys' hard work and commitment to clients has once again been recognized by their peers. This year, four members of The Center for Family Law team have earned spots in the 2027 edition of Best Lawyers. Ann Bauer - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This marks Ann's 13th year on the list. Allison Gerli - Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Allison's 4th year of recognition. Kristen Sparks - Named to the Best Lawyers "Ones to Watch" list for family law, family law arbitration & mediation, and alternative dispute resolution. This is Kristen's 2nd year being honored. Hallie Van Duren - Named to the Best Lawyers list for family law, family law mediation, and collaborative law (family law). This is Hallie's 3rd year of recognition. In addition, The Center for Family Law itself has been named a Best Law Firm for 2027 in St. Louis as Tier 1 for Family Law and Family Law Mediation. About Best Lawyers Since 1983, Best Lawyers has stood as one of the most trusted guides to legal excellence. Attorneys featured in The Best Lawyers in America are nominated and reviewed by their peers based on professional skill, and each undergoes a thorough verification process confirming they are actively practicing and in good standing. About The Center for Family Law. Founded in 2013, The Center for Family Law offers full-service representation across all areas of family law, guided by a philosophy of partnership with clients and fellow professionals. We believe an attorney's role is to work alongside clients — helping them understand their options and giving them the knowledge and confidence to make sound decisions for their future. To schedule a consultation, click here .
April 22, 2026
The Center for Family Law celebrates Courtney Green's recognition at the 2026 Missouri Lawyers Media Women’s Justice Awards in the Mentor category, recognizing her outstanding contributions to the legal profession and her commitment to the development of attorneys starting their careers. The 28th annual Women’s Justice Awards on April 16, 2026 celebrated women across Missouri who exemplify leadership, integrity, service, and excellence in advancing the quality of justice. Honorees are selected from diverse sectors of the legal community, including private practice, the judiciary, public service, academia, and nonprofit leadership. The Mentor Award is presented to experienced legal professionals who have played a meaningful role in shaping the careers of emerging attorneys. Throughout Courtney's career, which she has spent with The Center for Family Law, she has demonstrated a deep dedication to mentorship, offering guidance, encouragement, and opportunities to those entering the profession, both in and out of the firm. Courtney has been devoted to fostering professional growth and helping cultivate the confidence and skills of future leaders in the law. Please join us in congratulating Courtney on this well-deserved recognition. We are honored to have her as part of our firm and grateful for the example she sets within our profession and community.