When parents divorce, both of them have their own attorneys fighting for their own interests. But what about yours? If you’re a minor, your interests don’t automatically have someone in your corner — unless a guardian ad litem gets involved.
A guardian ad litem is a person — often a lawyer — appointed by the court specifically to represent the best interests of a child in cases like custody disputes, divorce proceedings, or questions about parental rights. They’re not your parent’s lawyer. They’re not anyone else’s lawyer. Their job is focused entirely on you.
Here’s something important to understand though: a guardian ad litem isn’t the same as your personal attorney. They’re not there to push for whatever you want. They’re there to figure out and argue for what’s actually best for you — which might sometimes be different from what you’d choose in the moment. Think of them as a factfinder for the judge, someone who investigates your situation and makes recommendations based on your wellbeing.
Not every divorce automatically gets one. They tend to get involved when things are especially complicated or contentious — like when parents are in a serious battle over custody, parenting time, or child support, and the situation has gotten heated enough that someone needs to make sure the kids don’t get lost in the middle of it.
The court can appoint one on its own. In many cases, a parent or other family member can also ask the court to appoint one. Whether you yourself can make that request depends on your state’s rules, so it’s worth talking to a family law attorney or trusted adult to understand your options where you live.
One thing worth knowing: the rules around guardians ad litem vary by state. Qualifications, training, how they’re paid, and exactly what they’re allowed to do all depend on where you live. So the specifics in your situation might look a little different depending on your state.