Custody disputes can feel overwhelming. You want to protect your child and do what’s right, but the court system can seem confusing or impersonal. In high-conflict or complex situations, a Guardian ad Litem may be the key to keeping the focus where it belongs: on your child’s best interests.

At Marple Smith Family Law, we work with Guardians ad Litem regularly. In fact, both our founding partners, David Marple and JoAnna Smith serve as Guardians ad Litem in Georgia. Whether we are serving in that role for a family or representing a client alongside a GAL, we bring a calm, experienced perspective to even the most difficult cases.

In this article, we’ll walk through what a Guardian ad Litem is, when they’re typically involved, what they actually do, and how the process works in Georgia.

What is a Guardian ad Litem?

A Guardian ad Litem, often called a GAL, is a trained professional appointed by the court to represent the best interests of a child in a custody or visitation case. The GAL is neutral. They do not work for either parent. Instead, they investigate the situation, talk to everyone involved, and make recommendations to the judge about what custody arrangement best supports the child’s health, safety, and emotional well-being.

In Georgia, most Guardians ad Litem are attorneys or mental health professionals who have completed specific training. JoAnna Smith and David Marple, for example, are seasoned family law attorneys who also serve as a GAL when appointed by the court or requested by the parties. Our experience on both sides gives our clients a strategic advantage.

When is a Guardian ad Litem needed?

Not every custody case requires a GAL. But in situations with serious conflict or unclear facts, a GAL can help the court understand what is truly going on. You may want to request a Guardian ad Litem, or the judge may appoint one, if:

• There are major disagreements about custody or parenting time
• One parent raises concerns about abuse, neglect, or unsafe conditions
• Mental health or substance use issues affect parenting capacity
• Communication between parents has broken down
• The child’s needs are being overlooked in the conflict

In these cases, a GAL can offer valuable insight based on a full investigation. Their perspective often helps the court make a more informed and balanced decision.

What does a Guardian ad Litem do?

Once appointed, the GAL begins a structured investigation focused on the child’s well-being. This typically includes:

Interviews:The GAL meets with each parent separately to understand their role, their concerns, and their relationship with the child. They may also speak directly with the child, depending on age and maturity.

Home visits:The GAL visits both homes to assess the living environment. This helps them evaluate stability, safety, and suitability for the child.

Third-party input:Teachers, counselors, doctors, and extended family may be contacted to provide context about the child’s behavior and needs.

Document review:School records, medical reports, and any existing court filings or police reports may be reviewed as part of the investigation.

Recommendation:After completing their work, the GAL submits their recommendation to the court. This includes findings, insights, and recommendations regarding custody and visitation. While the judge makes the final decision, the GAL’s recommendation is often a key factor.

How does the process work in Georgia?

Here’s what to expect if a GAL is appointed in your case:

1. Appointment:A Guardian ad Litem may be appointed by the judge or requested by one or both parents. The GAL’s appointment must be agreed upon by the court or the attorneys involved.
2. Fees:The court will decide how the GAL’s fees are paid. In most cases, both parents share the cost, though the court may adjust the split based on financial circumstances.
3. Investigation:The GAL conducts interviews, reviews documents, visits homes, and gathers information. This phase may take several weeks or months.
4. Report:Once the investigation is complete, the GAL provides a written or verbal report with detailed recommendations. The report may also be supported by testimony in court.

Throughout the process, the GAL remains focused on what is best for the child. Their role brings clarity to complicated situations and often helps prevent emotionally driven decisions.

How Marple Smith Family Law can support you

At Marple Smith Family Law, we help clients navigate custody cases with clarity and purpose. JoAnna Smith and David Marple, our founding attorneys, are not only strong legal advocates but also experienced Guardians ad Litem in Georgia. 

Whether we are representing you or serving as the court-appointed GAL, we bring a deep understanding of the process from both sides. Our team knows how to work with Guardians ad Litem effectively, how to prepare for their involvement, and how to keep your case focused on your child’s needs.

We help clients:

• Understand what the GAL process involves
• Prepare for interviews and home visits
• Respond to GAL reports and recommendations
• Communicate clearly and respectfully during the investigation
• Advocate for parenting arrangements that truly support the child

If you are involved in a custody dispute and a GAL is part of the case, or you are considering asking for one, we’re here to help you move forward with clarity and support.

Contact us today to schedule a consultation.