Under Utah Code Section 30-3-11.2, a guardian ad litem is an attorney appointed by the court to represent the best interest of a child in a custody or divorce proceeding. The GAL conducts an independent investigation of the family situation, advocates for the child’s welfare, and makes recommendations to the court about custody and parent-time arrangements.
Last updated: July 2026
Key Takeaways
- A guardian ad litem under Section 30-3-11.2 is an attorney who represents the child’s best interest, not either parent.
- The GAL conducts interviews, reviews records, and may recommend custody and parent-time arrangements to the court.
- The GAL does not represent the child’s wishes directly but advocates for what the GAL determines is in the child’s best interest.
- The court appoints a GAL in cases involving serious allegations or significant conflict that affects the child’s welfare.
- The GAL’s report and recommendations are powerful evidence that courts typically give substantial weight.
In high-conflict custody cases, the child’s voice can get lost in the adversarial process. A guardian ad litem fills that gap by providing the court with an independent assessment of the child’s circumstances and needs. Unlike the parents’ attorneys who advocate for their clients’ positions, the GAL’s only client is the child’s best interest. This distinction is fundamental to understanding the GAL’s role in Utah custody proceedings.
The appointment of a GAL is not routine. Utah courts appoint GALs in cases where there are allegations of abuse, neglect, domestic violence, or serious parental conflict that threatens the child’s emotional well-being. The cost of the GAL is typically allocated between the parents, though the court may order one parent to bear the cost in whole or in part based on financial circumstances.
What does a guardian ad litem do under Utah Code Section 30-3-11.2?
Utah Code Section 30-3-11.2 authorizes the court to appoint a guardian ad litem to represent the best interest of a minor child in any divorce, custody, or parentage proceeding. The GAL must be an attorney licensed to practice in Utah who has completed training on the role and responsibilities of a guardian ad litem. The GAL acts as an officer of the court and must be impartial and independent.
The GAL’s responsibilities include investigating the facts of the case, interviewing the child and both parents, reviewing relevant records, and making recommendations to the court regarding custody, parent-time, and other issues affecting the child’s welfare. The GAL also participates in the litigation, including attending hearings, participating in settlement negotiations, and testifying or presenting evidence at trial.
How is a guardian ad litem different from a child’s attorney under Section 30-3-11.3?
The key difference is the role each professional plays. A guardian ad litem under Section 30-3-11.2 advocates for what the GAL determines is in the child’s best interest, which may or may not align with the child’s expressed wishes. A separate attorney for the child under Section 30-3-11.3 takes a directive role, advocating for the child’s expressed wishes and preferences even if the attorney believes those wishes are not in the child’s best interest.
A child may be appointed both a GAL and a separate attorney in rare cases where the child’s expressed wishes conflict significantly with what the GAL believes is in the child’s best interest. In most cases, the court appoints one or the other, not both. The court’s decision depends on the nature of the case and the child’s age, maturity, and circumstances.
Utah Code Section 30-3-11.2 requires that a guardian ad litem meet specific training requirements and complete continuing education on child advocacy, child development, and family law.
What does a guardian ad litem’s investigation include?
The GAL’s investigation is thorough and independent. It typically includes interviewing the child in an age-appropriate setting, interviewing each parent separately, observing the child with each parent, and contacting collateral sources such as teachers, therapists, medical providers, and extended family members. The GAL reviews relevant records including school records, medical records, mental health records, and any prior court orders.
The GAL may also conduct home visits to observe the child’s living environment at each parent’s home. The scope of the investigation is tailored to the issues in the case. In a case involving allegations of substance abuse, for example, the GAL may seek records from treatment programs or consult with addiction specialists. The goal is to provide the court with a complete picture of the child’s circumstances and needs.
What recommendations can a guardian ad litem make to the court?
The GAL makes recommendations on all issues affecting the child’s welfare, including legal custody, physical custody, parent-time schedules, holiday and vacation arrangements, and any services or conditions that should be ordered such as therapy, drug testing, or parenting classes. The GAL may also recommend that the court impose restrictions on parent-time if there are safety concerns.
The recommendations are based on the GAL’s assessment of the child’s best interest under Utah Code Section 30-3-10. The GAL must explain the factual basis for each recommendation and how it serves the child’s developmental needs and emotional well-being. The court considers the GAL’s recommendations but is not bound by them. However, courts give substantial weight to GAL recommendations in most cases.
| Role | GAL (Section 30-3-11.2) | Attorney for Child (Section 30-3-11.3) |
|---|---|---|
| Who appoints them | Court | Court |
| Standard | Best interest of the child | Child’s expressed wishes |
| Role in litigation | Party participant, may call witnesses | Client-directed representation |
| Confidentiality | Reports to court, limited privilege | Attorney-client privilege applies |
| When appointed | High conflict, allegations of harm | Child’s wishes differ from GAL or parents |
How much does a guardian ad litem cost in Utah?
The cost of a GAL varies based on the complexity of the case and the amount of time required. GALs typically charge hourly rates between $150 and $350 per hour. A straightforward case requiring 20 to 40 hours may cost $3,000 to $10,000. A complex case involving extensive investigation, multiple hearings, and trial testimony can cost $15,000 to $30,000 or more.
The court determines how the GAL’s fees are allocated between the parents. The allocation is based on each parent’s financial circumstances and the relative fault or contribution to the need for a GAL. Parents who unreasonably prolong the litigation or whose conduct necessitated the GAL appointment may be ordered to bear a larger share of the cost.
Can a guardian ad litem be removed from a case?
A parent may file a motion to remove a GAL if there is evidence of bias, incompetence, or a conflict of interest. The court will hold a hearing on the motion and decide whether removal is warranted. Mere disagreement with the GAL’s recommendations is not grounds for removal. The parent must demonstrate that the GAL has failed to fulfill their duties or has acted in a manner that prejudices the child.
If the GAL is removed, the court appoints a replacement. The court may also decide not to appoint a new GAL if the circumstances that led to the original appointment have changed. In practice, GAL removal is rare. Courts strongly prefer continuity in the child’s representation, and most judges are reluctant to disrupt an ongoing GAL investigation absent clear evidence of misconduct.
Frequently Asked Questions
When does the court appoint a guardian ad litem in Utah?
The court appoints a GAL in cases involving allegations of abuse, neglect, domestic violence, high conflict, or when the child’s welfare is otherwise at risk. The court has discretion to appoint a GAL whenever it serves the child’s best interest.
Does the guardian ad litem talk to my child?
Yes. The GAL will interview your child in an age-appropriate setting. The interview is part of the GAL’s independent investigation to assess the child’s needs and circumstances.
Can I communicate with the guardian ad litem?
Yes, you may communicate with the GAL, typically through your attorney. The GAL interviews both parents as part of the investigation. Direct communication with the GAL should be professional and focused on the child.
Is the guardian ad litem’s report confidential?
The GAL’s report is filed with the court and provided to both parties. It is part of the court record and is not confidential, though the court may seal portions involving sensitive personal information.
Can I object to the guardian ad litem’s recommendations?
Yes. The GAL’s recommendations are not binding. You may present evidence challenging the GAL’s findings and call the GAL for cross-examination at trial.
Does a guardian ad litem always recommend a specific parent?
Not necessarily. The GAL may recommend joint custody, a specific parenting schedule, or services to address identified issues. The recommendation depends on the evidence gathered during the investigation.
Facing a child custody issue in Utah? Jeremy D. Eveland, MBA, JD, can help protect your parental rights and advocate for your child’s best interests.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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