How to Work with a Guardian ad Litem in Your Custody Case

 Posted on December 01, 2025 in Family Law

By Attorney Kristin Leaf, Partner in the Family Law Department at GRGB

If a judge has appointed a guardian ad litem in your custody case, you may understandably feel some nervousness about this stranger who now has significant influence over what happens with your children. The GAL will investigate your family, interview you and your children, and make recommendations to the court about custody and placement. Understanding how to work effectively with the GAL can make the difference between winning and losing your case.

Learning how to present yourself and your case from your child's perspective helps you make a positive impression that reflects well on your parenting. You can do this without being dishonest or making things up, and our Milwaukee, WI contested child custody attorney can show you how.

What Does a Guardian ad Litem Do in Wisconsin?

Wisconsin law under Wis. Stat. Section 767.407 allows courts to appoint a guardian ad litem in contested custody cases. The GAL investigates the family situation and recommends what custody and placement arrangement serves the children's best interests.

The GAL has broad powers to gather information. They can interview you, your children, your ex, family members, teachers, doctors, therapists, and anyone else with relevant information. They can visit your home unannounced. They can review school records, medical records, and police reports. They attend court hearings and file written reports with recommendations.

Judges rely heavily on a GAL’s recommendations. While the judge is not required to follow the GAL's advice, they usually do unless there is strong evidence that the recommendation is wrong. This means that the GAL's opinion is one of the most important factors in your custody case.

How Should You Prepare for an Interview with a Guardian ad Litem? 

Your interview with the GAL is your chance to tell your story and show why you are a good parent. Think about what you want to say about your relationship with your children, your parenting strengths, and why your proposed custody arrangement serves your children's best interests.

Focus on your children at all times. The GAL wants to hear about what you do for your kids, how you meet their needs, and what your daily routines look like. Complaining about your ex makes you look bitter and focused on the wrong things.

Have specific examples of your good parenting ready. Describe how you help with homework, what activities you do together, what you know about their friends and teachers, and how you handle discipline and daily routines. If you made mistakes in the past, acknowledge them and explain what you learned and how you have changed.

What Should You Do During the Guardian ad Litem’s Home Visit?

During a GAL’s visit (and throughout the custody evaluation), your home should be clean, safe, and appropriate for your children. The GAL will look for basic cleanliness, adequate sleeping arrangements, food in the refrigerator, and a child-friendly environment. You do not need a perfect home, but it should be reasonably tidy and safe.

Make sure your children have their own space. This might be their own bedroom or a designated area in a shared room. They need appropriate beds, storage for clothes and belongings, and space to do homework and play.

Child-proof your home if you have young children. Secure cleaning supplies, medications, and other hazards. Have working smoke detectors and carbon monoxide detectors. Make sure stairs have railings and windows have screens or guards if needed.

You may also want to display family photos, children's artwork, or school papers on the refrigerator; these all show that your home is the children's home too, not just a place they visit.

How Can You Be Proactive With a Guardian ad Litem?

Part of your goal during a custody case should be to make the guardian ad litem’s job easy. Share positive information proactively. If your child does well on a school project you helped with, let the GAL know. If you arranged for your child to continue an activity they love, mention it. You do not have to tell the GAL about every little thing, but you can show that good things are happening with your children in your care.

The following behaviors will also greatly help your case: 

• Return phone calls and emails promptly.

• Provide requested documents quickly and completely.

• Respect the GAL’s time. Show up on time for appointments and interviews.

• Be accessible but not pushy. The GAL is handling multiple cases and cannot talk to you constantly.

• When you do communicate, be organized and efficient. Have your thoughts prepared.

• Keep a calendar showing parenting time, school events you attended, medical appointments, and activities.

These efforts, plus a genuine affection for your kids, will demonstrate your consistent presence in your children's lives.

What Mistakes Do Parents Make With Guardians ad Litem?

Badmouthing your ex is the most common mistake. The GAL knows there are problems in your relationship; that is why you are in court. Constantly attacking your ex makes you look unable to co-parent and more concerned with winning than with your children's well-being.

Coaching your children about what to say to the GAL is also a mistake. Children are not good liars, and GALs are trained to recognize when kids are repeating scripted answers.

Being defensive or argumentative with the GAL will also damage your case. If the GAL raises concerns or asks difficult questions, listen and respond thoughtfully.

Ignoring the GAL's recommendations or requests shows that you do not respect the process. If the GAL suggests you take a parenting class or do something differently, do it. Showing you can take feedback and make changes demonstrates good parenting and flexibility.

How Should You Talk About Your Custody Case From Your Child's Perspective?

GALs want to see that you understand what your children need and that you prioritize those needs above your own desires. Frame everything from your child's perspective, not yours.

Explain how your proposed custody arrangement meets your children's specific needs. Maybe your schedule accommodates their activities better; maybe your home is closer to their school; maybe you can provide more stability in certain ways. Connect your requests to concrete benefits for your children.

Show understanding of your ex's role in your children's lives. Even if you disagree about custody details, acknowledge that your children benefit from relationships with your ex and that you support this relationship unless you have real concerns about your children’s safety.

Call a Milwaukee, WI Family Law and Child Custody Attorney Today

Working effectively with a guardian ad litem means first and foremost that you understand their role and present yourself strategically. The right approach can significantly influence the outcome of your custody case.

Contact Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to discuss your custody case. Our Milwaukee, WI child custody lawyer focuses strategically on gaining guardian ad litem support and presenting cases from the child's perspective.