What Is a Guardian ad Litem in Utah Family Law?

In some cases, the court may appoint a Guardian ad Litem (GAL) to help protect a child’s best interests
and give them a voice in the courtroom.

At Daniel W. McKay & Associates, PLLC, we frequently work alongside Guardians ad Litem
in custody and divorce cases. Here’s what you should know about their role, how they’re appointed, and what to expect
if one becomes involved in your case.

What is a Guardian ad Litem?

A Guardian ad Litem is an attorney appointed by the court to represent a minor child’s best interests in legal proceedings.
Unlike a typical attorney who advocates for a client’s wishes, a GAL’s job is to investigate, evaluate, and make
recommendations to the court about what arrangement best serves the child’s well-being.

GALs are most commonly appointed in:

• Custody and parenting time disputes
• High-conflict divorce cases involving children
• Allegations of abuse or neglect
• Cases where a child needs an independent voice in court

In Utah, a GAL may be assigned in district court cases (often privately paid) or through the Office of Guardian ad Litem
in juvenile court (state-funded).

What Does a Guardian ad Litem Do?

Once appointed, the GAL has a broad responsibility to understand the child’s circumstances and make informed
recommendations to the judge. Their tasks often include:

• Interviewing the child in a safe and age-appropriate manner
• Speaking with both parents, stepparents, or guardians
• Observing parent-child interactions
• Reviewing school, medical, and counseling records
• Consulting with teachers, therapists, or other professionals
• Investigating any allegations of abuse, neglect, or domestic violence
• Attending hearings and presenting their findings to the court

The GAL may submit written reports and also testify about their recommendations. The court will consider the GAL’s
input, though it is not legally binding.

What Does “Best Interest of the Child” Mean?

Utah courts base custody and parenting decisions on what will best support the child’s safety, emotional health,
and stability. A GAL focuses on questions such as:

When Should a GAL Be Requested?

A GAL may be helpful—or even necessary—if:

• There are allegations of abuse, neglect, or substance abuse
• One or both parents are engaged in a high-conflict custody battle
• The child is expressing strong preferences or distress
• There is concern that one parent is attempting to manipulate or alienate the child from the other
• You want the court to have a clearer, objective picture of what’s happening in the child’s life

Your attorney can help you request a GAL if it may benefit your case.

How We Can Help

At Daniel W. McKay & Associates, PLLC, we understand the important role that Guardians
ad Litem plays in family law cases. We help our clients:

• Understand the GAL’s process and how to work cooperatively with them
• Prepare for interviews and home visits
• Communicate clearly and respectfully throughout the investigation
• Respond appropriately to a GAL’s findings and recommendations
• Advocate for parenting plans that reflect the true best interests of the child

Our approach is always child-focused and solution-oriented—because when a child is at the center of the case,
nothing matters more.