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By: Bailey Vos
Michigan family law places the highest priority on protecting the best interests of the child. In custody disputes and divorce cases involving children, the court's focus is not on what feels most fair to either parent, but rather on what arrangement will best support the child's well-being.
In some cases, the court may need additional information before making important decisions about custody or parenting time. When that happens, a judge may appoint a Guardian ad Litem (GAL) to investigate the circumstances, gather relevant information, and provide recommendations regarding what may be in the child's best interests.
If a Guardian ad Litem is appointed in your case, it doesn’t mean something is wrong. Instead, it usually means the court wants an independent perspective before making decisions that could significantly affect the child's future.
Understanding the GAL's role can help reduce uncertainty and better prepare you for what comes next. Here's what a Guardian ad Litem does, and does not do, during a Michigan custody case.
A GAL is an individual appointed by the court to investigate issues involving a child and provide recommendations to the judge.
In Michigan custody and parenting time cases, a GAL is often appointed when the court believes additional information is needed to evaluate the child's best interests. This may occur in high-conflict custody disputes, relocation cases, allegations involving a child's safety or well-being, or situations where parents strongly disagree about important decisions affecting the child.
The Guardian ad Litem acts as an independent investigator whose primary focus is the child's welfare. The powers and duties of the GAL are outlined in MCL 712A.17d.
Every case is different, but a Guardian ad Litem's responsibilities often include:
After completing the investigation, the GAL provides findings and recommendations to the court regarding custody, parenting time, or other child-related issues. These recommendations are intended to help the judge evaluate what arrangement best serves the child.
No.
Although a Guardian ad Litem's recommendations carry significant weight, the GAL does not make the final decision in Michigan family law matters. The judge remains responsible for determining custody and parenting time issues.
Michigan courts evaluate custody matters using the "best interests of the child" factors per the Child Custody Act and as noted in MCL 722.23. The GAL’s investigation becomes but one piece of the overall picture the court considers.
In some cases, a judge may adopt many of the GAL's recommendations. In others, the judge may reach a different conclusion based on the evidence presented.
If a GAL has been appointed for your child, the most important thing you can do is cooperate fully and remain focused on your child.
Parents sometimes mistakenly view the GAL as someone they need to "win over" or persuade. That's counterproductive. Instead, keep doing what you’ve always been doing in your divorce case. That includes:
Like the courts, Guardian ad Litems look for patterns - this includes patterns of behavior, communication, and cooperation. How a parent conducts themselves throughout the entire process can be just as important as what they say during a one-off interview.
The appointment of a Guardian ad Litem can make things feel even more tense than they may already feel, but it does not mean something is wrong with your case. In many situations, the court is simply seeking additional information to help make an informed decision about your child's future.
At McKinney Vos PLLC, we help Michigan parents navigate custody disputes, Guardian ad Litem investigations, parenting time issues, and other family law matters.
If a Guardian ad Litem has been appointed in your case, our team can help you understand the process, prepare appropriately, and protect your parental rights while keeping the focus where it belongs: on your child's best interests. Reach out today to schedule a free consultation.
What is a Guardian ad Litem (GAL) in a Michigan custody case? A GAL is a court-appointed individual who investigates issues involving a child and provides recommendations to the judge about custody or parenting time, per MCL 712A.17d.
Why did the judge appoint a Guardian ad Litem for my child? Courts often appoint a GAL in high-conflict custody disputes, relocation cases, safety-related allegations, or when parents strongly disagree about decisions affecting the child. It doesn't mean something is wrong with your case.
Does the judge have to follow the GAL's recommendations? No. The GAL's findings carry significant weight, but the judge makes the final decision based on the "best interests of the child" factors under MCL 722.23.
What does a Guardian ad Litem investigate? A GAL may interview both parents and the child, review school, medical, or counseling records, speak with teachers or doctors, observe parent-child interactions, and review court filings.
How should I interact with a Guardian ad Litem? Cooperate fully, be honest, respond promptly to requests, avoid attacking the other parent, and focus on facts. GALs look for patterns of behavior and communication over time, not a single interview.
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Bailey Vos is a Michigan family law attorney and co-founder of McKinney Vos PLLC, helping families in Grand Rapids and throughout Michigan navigate divorce, custody, and other complex family matters.
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