By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: August 2026 | 7-Minute Read
If you are involved in a contested custody case in Maine, you may hear the term guardian ad litem — often abbreviated as GAL. For many parents, this is an unfamiliar concept that can feel intimidating or uncertain. Who is this person? Why are they involved in your case? What will they do? And how will their report affect the outcome?
This guide answers all of those questions and explains how to work effectively with a guardian ad litem to protect your child’s best interests and your position as a parent.
What is a Guardian Ad Litem?
A guardian ad litem is a neutral, court-appointed professional whose role is to represent the best interests of a child in a family law proceeding. The term comes from Latin and means guardian for the lawsuit.
Critically, a GAL does not represent either parent. They do not advocate for your position or the other parent’s position. Their sole client, in a sense, is the child — and their job is to investigate the family’s circumstances and make recommendations to the court about what arrangement would best serve the child’s wellbeing.
In Maine, guardians ad litem in family law cases are typically attorneys or mental health professionals who have completed specialized GAL training approved by the Maine Judicial Branch.
When is a Guardian Ad Litem Appointed in Maine?
Not every custody case involves a GAL. A guardian ad litem is most commonly appointed in cases where:
- There are significant and unresolved disputes about custody or parenting time
- There are allegations of domestic abuse, substance abuse, neglect, or other conduct that could affect the child’s safety
- The child has special medical, developmental, or educational needs that require careful assessment
- The parents have fundamentally different accounts of the family’s circumstances and the court needs an independent investigation
- There are concerns about the child’s adjustment or the impact of the parental conflict on the child’s wellbeing
- The child is old enough to have meaningful preferences that the court wants assessed by a neutral professional
A GAL can be appointed by the court on its own initiative, or either parent can request the appointment of a GAL by filing a motion.
What Does a Guardian Ad Litem Do?
A Maine GAL conducts a thorough independent investigation of the family’s circumstances. The scope of that investigation typically includes:
Interviews
The GAL will interview both parents, usually separately. They will also interview the child — in an age-appropriate way and in a setting where the child feels comfortable speaking freely. The GAL may also interview other significant people in the child’s life, including grandparents, step-parents, teachers, coaches, therapists, and medical providers.
Home Visits
The GAL will typically visit each parent’s home to observe the living environment and, where appropriate, to see each parent interact with the child in their own space.
Record Review
The GAL may review school records, medical records, therapy records, court records, and any other documentation relevant to the child’s wellbeing and each parent’s fitness.
Collateral Contacts
The GAL may reach out to teachers, pediatricians, coaches, counselors, and others who know the child and can provide insight into the child’s adjustment and each parent’s involvement.
The GAL Report
After completing the investigation, the GAL prepares a written report for the court. This report summarizes the GAL’s findings, describes the child’s circumstances and needs, and makes specific recommendations regarding custody, parenting time, and any other relevant issues. The GAL report is submitted to both parties and the court before the hearing.
How Much Weight Does the GAL Report Carry?
The GAL report is one of the most influential documents in a contested Maine custody case. Judges give significant weight to GAL recommendations because the GAL has had the opportunity to conduct an independent, in-depth investigation that neither party’s attorney has had.
That said, the GAL report is not the final word. Either party can challenge the GAL’s findings and recommendations at the hearing. The GAL typically testifies at the hearing and can be cross-examined by both attorneys. Judges make the ultimate custody decision — they are not bound by the GAL’s recommendations, though they take them seriously.
How Should I Work With the Guardian Ad Litem?
Your conduct during the GAL investigation will directly affect the GAL’s report and recommendations. Here is how to approach the process:
Be Honest and Cooperative
GALs are experienced professionals who are skilled at detecting when a parent is being evasive, exaggerating, or coaching their child. Be straightforward and honest in your interactions. If there are things about your parenting or your circumstances that are not perfect, acknowledge them — a parent who demonstrates self-awareness and a commitment to improvement is far more credible than one who claims to be flawless.
Focus on the Child
In every interaction with the GAL, keep the focus on your child’s needs, your child’s relationship with you, and your child’s wellbeing. The parent who appears child-focused rather than conflict-focused makes a far better impression.
Do Not Disparage the Other Parent
Speaking negatively about the other parent to the GAL — or worse, encouraging your child to do so — is one of the most damaging things you can do to your case. GALs are highly attuned to parental alienation dynamics, and a parent who appears to be undermining the child’s relationship with the other parent will be viewed very unfavorably.
Prepare Your Home
Make sure your home is clean, organized, and child-appropriate before any home visit. Ensure the child has their own space — even if modest — and that the home reflects genuine attention to the child’s needs.
Provide Requested Documentation Promptly
If the GAL requests records, references, or other documentation, provide them promptly and completely. Delays or incomplete responses signal lack of cooperation.
Who Pays for the Guardian Ad Litem?
In Maine, the cost of a GAL is typically shared between the parties, either equally or in proportion to their respective incomes. The court has discretion to allocate GAL fees differently based on the circumstances.
GAL fees in Maine vary depending on the complexity of the case and the professional’s background. In straightforward cases, total GAL fees may be a few thousand dollars. In complex, high-conflict cases involving extensive investigation, fees can be significantly higher.
If you cannot afford your share of the GAL fees, you can ask the court to waive or reduce your portion based on financial hardship.
Frequently Asked Questions About Guardians Ad Litem in Maine
Can I choose who is appointed as GAL?
Typically, the court selects the GAL from a list of qualified professionals. In some cases the parties can agree on a particular GAL, and the court will generally honor that agreement. Your attorney may have experience with specific GALs and can advise you on what to expect.
Can the GAL’s recommendations be challenged?
Yes. Through your attorney, you can cross-examine the GAL at the hearing and challenge specific findings or recommendations. If you believe the GAL’s investigation was incomplete or biased, your attorney can raise those concerns with the court.
Will my child have to talk to the GAL?
Yes — speaking with the child is a core part of the GAL’s role. The GAL will conduct the interview in an age-appropriate, child-friendly way and will not pressure the child. The GAL’s goal is to understand the child’s perspective and experiences, not to cause additional stress.
What if I disagree with the GAL’s report?
You have the right to challenge the GAL’s report and recommendations at the hearing through your attorney. Your attorney can cross-examine the GAL, present contrary evidence, and argue for a different outcome. However, given the weight courts give to GAL recommendations, it is important to have a well-prepared legal strategy for responding to an unfavorable report.
Navigating a GAL Investigation? We Can Help.
A guardian ad litem investigation can be one of the most consequential parts of your custody case.
We serve clients throughout York County, Cumberland County, Androscoggin County and southern Maine, including Springvale, Sanford, Kennebunk, Biddeford, Saco, and surrounding communities. We are also licensed in New Hampshire and serve clients across the Seacoast region.
Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your consultation today.