What is the difference between a GALs role as advocate for a child in a custody case and a custody investigators role?
The difference between a custody investigator and GAL is set out in Civil Rules 90.6 and 90.7. A custody investigator’s duty is to conduct a thorough investigation and give an expert opinion on the custody arrangement that is in the child’s best interests. The custody investigator may be deposed by either party and may be called to testify by either party. The custody investigator may be privately paid by the parents if they have sufficient income or paid for by the court if the parents cannot afford to hire someone privately. A GAL is appointed in custody cases only when a judge believes that the child needs an independent advocate and his or her interests are not being protected by either parent. A GAL is a party in the case and conducts an investigation and may present evidence and testimony in advocating for the best interests of the child. A GAL may be an expert witness in rare circumstances.
