What Is a Guardian ad Litem (Best Interest Attorney) in a North Carolina custody case?
Custody cases are emotional, deeply personal, and carry high stakes. Parents are often focused (understandably) on their own time, rights, and frustrations or challenges they face with their co-parent. The Court, however, has one job: to determine what custody arrangement is in the child’s best interests.
In some cases, the Court needs help answering that question. That’s where a Guardian ad Litem (GAL), sometimes called a Best Interest Attorney, comes in.
What Is a Guardian ad Litem?
A Guardian ad Litem is a neutral attorney appointed by the Court to represent the child(ren)’s best interests. It is critical to understand that the GAL does not represent mom or dad. The GAL represents the interests of the child, even when the child’s best interests are uncomfortable or unpopular to either parent. This also means a GAL will speak with a child to receive information from them; however, the GAL is tasked to make a recommendation to the Court regarding the best interest of the child even if that also is different than what the child says he or she wants.
In North Carolina custody cases, GALs are most often attorneys who independently investigate the child’s situation and provide the Court with informed, child-focused insight.
What Does a GAL Do?
A GAL’s role goes far beyond appearing in Court. Depending on the case, a GAL may:
- Meet with the child (in an age-appropriate manner)
- Interview both parents
- Speak with teachers, therapists, doctors, caregivers, and other relevant professionals
- Review school, medical, Court, DSS and other relevant records
- Observe parent-child interactions
- Observe home and educational environments
- Identify safety, emotional, and stability concerns
- Provide recommendations to the Judge regarding physical custody and decision-making
In short, the GAL becomes the Court’s eyes and ears as well as an independent voice for the child, focused on facts, not parental conflict or preference.
When Might a GAL Be Helpful?
Not every custody case needs a GAL. Many families resolve custody without one, but in certain situations, appointing a GAL can be incredibly helpful.
Common scenarios when appointment of a GAL may be necessary include:
High-Conflict Custody Disputes
When parents are deeply entrenched in conflict and allegations against the other co-parent are flying, a GAL can cut through the noise with an independent investigation and credible findings based upon facts.
Allegations of Abuse, Neglect, or Substance Use
If there are concerns about safety, domestic violence, mental health, or substance abuse, a GAL has the ability and authority to look beyond surface-level claims and assess real risk. This may include reviewing highly confidential records such as medical, therapy, DSS, and other relevant documentation.
When a Child’s Needs Are Being Lost in the Conflict
Children with special medical, emotional, or educational needs often require advocacy focused on them, not on which parent “wins.” A GAL appointed in these circumstances can be invaluable for the child’s best interests.
When One Parent Is Being Mischaracterized
GALs are neutral parties and don’t automatically side with one parent. If you are consistently involved, child-focused, and appropriately parenting, but those facts are being distorted in litigation, a GAL can help the Court see the full picture.
Complex or Close Calls for the Judge
Judges carry enormous responsibility and limited time. In challenging cases, they often value a neutral professional who can provide child-centered insight beyond Courtroom testimony and finger pointing.
Is a GAL the Same as the Child’s Attorney?
Not exactly. A Guardian ad Litem advocates for what the child needs, not simply what the child says they want. This distinction matters, especially when children are young or caught in loyalty conflicts between parents.
Are There Downsides?
Not always, but there can be. GALs typically involve additional cost, increased scrutiny of both parents, and less control over the narrative once recommendations are made. For these reasons and others, requesting a GAL should be a strategic decision, not an emotional one.
A Guardian ad Litem can play a powerful role when:
- Safety or emotional well-being is at issue
- Facts are disputed and credibility matters
- Conflict is overshadowing the child’s needs
When used thoughtfully, a GAL helps shift the focus back where it belongs—on the child’s best interests, not parental warfare.
If you’re considering whether a GAL makes sense in your custody case, speak with one of our Family Law attorneys at Sodoma Law who can help you weigh the benefits, risks, and strategy behind that decision.
