When a Guardian ad Litem Is Appointed After Domestic Violence
When domestic violence is part of a custody case, a Guardian ad Litem (GAL) is often appointed to evaluate the child’s safety and best interests. The GAL reviews police and court records, interviews both parents and the child, and recommends custody arrangements that prioritize protection and stability.
Why Courts Appoint a GAL in Domestic-Violence Cases
In cases where abuse, coercive control, or safety concerns exist, a judge may bring in a Guardian ad Litem to ensure the child’s voice and wellbeing aren’t lost in the conflict. The GAL acts as a neutral investigator who helps the court understand what’s really happening day-to-day.
They gather evidence about:
The history of physical, emotional, or financial abuse.
How each parent interacts with the child.
Whether a protective order or police involvement exists.
The child’s sense of security in each home.
What the GAL Evaluates
A GAL looks for patterns that might affect the child’s emotional and physical safety. They may:
Review medical and school records.
Speak with therapists, teachers, and extended family.
Observe exchanges or home environments.
Ask the child age-appropriate questions about routines, fears, and comfort levels.
Their report summarizes findings and recommends custody, visitation, or supervised-exchange arrangements designed to protect the child from further harm.
How to Prepare When Domestic Violence Is Part of Your Case
Document Everything. Keep copies of police reports, restraining orders, texts, and emails. Chronological notes showing dates and behaviors help the GAL see patterns clearly.
Work Through Your Attorney or Advocate. Whenever possible, communicate through them so you don’t have direct contact with the abusive ex.
Explain Safety Plans. If you’ve developed safety steps (secure exchanges, code words, lock changes), share those. They show proactive parenting.
Focus on Your Child. Speak about how the situation affects your child’s sleep, schoolwork, or mood —not about punishing your ex.
Request Trauma-Informed Approach. Ask your attorney to ensure the GAL understands domestic-violence dynamics such as gaslighting, fear, and manipulation.
If You Feel Unsafe During the Process
You do not have to face meetings or visits alone. Bring a support person if allowed, schedule interviews in neutral locations (like a courthouse office or lawyer’s meeting room), and let your attorney know immediately if contact with your ex violates orders.
FAQs About GALs and Domestic Violence
Will the GAL believe me? They are trained to seek corroborating evidence and to understand how fear and control show up over time. Stay consistent and document facts.
Can I request a female GAL or one with DV training? Yes, you can ask your attorney to make that request—judges often honor it when safety is a concern.
Will my child have to meet the abusive parent for the GAL? The GAL decides based on age and risk. They may observe only supervised interactions or skip them entirely if unsafe.
What if the GAL seems biased or uninformed about DV? You and your attorney can file a written concern or ask for a supplemental evaluation. Keep it professional and document specific examples.
A Gentle Reminder
Being in a custody battle after surviving abuse is one of the hardest things a person can do. But you’re not alone. A GAL’s role is to center your child’s safety and voice. Your job is to stay steady, truthful, and supported. Explore the Fresh Starts Expert Guide for trauma-informed attorneys and advocates who understand domestic violence cases. And download our free ebook, What to Consider When You’re Considering Divorce, for step-by-step guidance through complex situations like this.