What Does a Guardian ad Litem Actually Do?

 Posted on July 17, 2025 in Child Custody

When a family law case becomes contentious in Maryland, the court may appoint a guardian ad litem or child’s counsel to help protect a child’s best interests. If you live in Bowie or Annapolis and are facing a custody dispute, you might hear the term "Best Interest Attorney" (BIA) used instead. Under Maryland Rule 9‑205.1, these attorneys play a specific, court-defined role: To advocate independently for what will serve the child’s welfare, but not necessarily what the child says they want.

This distinction is critical for parents to understand. A GAL or BIA is not there to take sides or act as the lawyer for either parent. Instead, their job is to investigate, evaluate, and provide the court with an impartial perspective on what arrangements best support the child’s health, safety, and emotional development. If you are a parent who is facing a difficult custody battle, both of the Bowie, MD guardian ad litem attorneys at Law Office of Kari H. Fawcett are qualified to take the role of a GAL. 

What Is the Role of a Best Interest Attorney in Maryland?

Maryland Rule 9‑205.1 outlines how Best Interest Attorneys operate within family court proceedings. When appointed, a BIA must act independently of the parents and even independently of the child’s expressed preferences if those preferences conflict with their best interests. Their role includes:

• Investigating the child’s circumstances by interviewing the child, both parents, and other relevant people such as teachers, doctors, or counselors.

• Reviewing records like school reports, medical histories, and mental health evaluations to gain a complete picture of the child’s needs and environment.

• Visiting the child’s home(s) to observe living conditions and parent-child interactions in a natural setting.

• Providing recommendations to the court, either through written reports or live testimony during hearings. These recommendations often carry significant weight because they are rooted in detailed observations and professional judgment.

While a GAL/BIA is required to consider the child’s wishes, their duty is to prioritize the child’s long-term welfare. For example, if a child expresses a preference to live with a parent who has a documented history of neglect or substance abuse, the BIA would not simply advocate for that arrangement.

When Does the Court Appoint a Guardian ad Litem or Best Interest Attorney?

Courts in Maryland typically appoint GALs or BIAs in cases involving:

• Allegations of child abuse, neglect, or domestic violence.

• High-conflict custody disputes where the parents cannot agree on a schedule.

• Situations where the judge believes the child’s voice needs to be heard, especially if the child is old enough to form and express preferences.

In these cases, the child’s attorney serves as the court’s eyes and ears, ensuring that custody and visitation decisions are based on the child’s actual needs rather than parental accusations or competing interests.

What Authority Does a Best Interest Attorney Have?

A GAL/BIA’s authority depends on the court’s order of appointment. In some cases, their role is limited to gathering information and submitting a report. In others, they may actively participate in hearings by questioning witnesses, presenting evidence, and cross-examining the parties.

It is important to note that the judge is not required to follow the GAL’s recommendations, but these recommendations often influence the outcome because they are viewed as coming from a neutral professional with no stake in the dispute.

Why GAL Appointments Can Benefit a Case

Although parents sometimes feel anxious about a GAL’s involvement, these appointments often bring clarity to emotionally charged cases. For children, having an advocate focused solely on their needs can ensure their well-being remains at the center of the legal process. For parents, the GAL’s findings may help resolve disputes and avoid prolonged litigation.

Contact a Bowie, MD Best Interest Attorney

If you have questions about the role of a guardian ad litem or Best Interest Attorney in your family law case, speak with an Annapolis, MD guardian ad litem lawyer at Law Office of Kari H. Fawcett. Our attorneys are experienced in serving as GALs and can guide you through the process with skill and compassion. Call 301-262-5500 today to learn more.