A guardian ad litem (GAL) in Virginia is an attorney appointed by a court to represent a child's best interests in a legal proceeding — not to argue for whatever the child says they want. A Virginia GAL must be an active member in good standing of the Virginia State Bar who has completed the Supreme Court of Virginia's required certification, and their duties are set by the court's Standards to Govern the Performance of Guardians ad Litem for Children. Under Virginia Code § 16.1-266, appointment is mandatory in abuse and neglect cases and in petitions to terminate parental rights, and discretionary in most custody disputes.
If a GAL has been appointed in your case, the most useful thing to understand immediately is this: the GAL is not your advocate and not your co-parent's advocate. They are an independent attorney whose client is the child, and their recommendation carries real weight with the judge.
When a Virginia court must appoint a guardian ad litem
Section 16.1-266 distinguishes between cases where appointment is required and cases where it is a matter of judicial discretion.
Mandatory. The court "shall appoint a discreet and competent attorney-at-law as guardian ad litem to represent the child" where a child is alleged to be abused or neglected, where there is an entrustment agreement, and where a petition seeks termination of residual parental rights.
Discretionary. In other matters, including private custody and visitation disputes, the court may appoint a GAL where it considers the child's interests require separate representation.
A limit worth knowing. In custody disputes where both parents already have their own counsel, § 16.1-266 restricts appointment — the court may appoint a GAL only where the child's interests are not otherwise adequately represented. So in a typical two-lawyer Fairfax custody case, a GAL is not automatic. Either parent can ask for one, and either can oppose the request.
What a Virginia guardian ad litem actually does
The Supreme Court of Virginia's performance standards set out specific duties. A GAL is expected to:
- Meet the child face to face and interview them privately before the first court appearance, assessing safety, the child's wishes, and whether the current placement is adequate
- Conduct an independent investigation — reviewing court, social services, medical, mental health and school records, and interviewing parties, caretakers, social workers and others with knowledge of the child
- Advise the child in age-appropriate language about the proceedings, their rights, the GAL's role and the court process, and maintain meaningful contact throughout
- Take part in pre-trial conferences, mediation and negotiations on the child's behalf
- Ensure the child attends proceedings where attendance is appropriate
- Appear at every hearing prepared to represent the child's interests, with a developed strategy and evidence
- Decide whether the child should testify, and prepare them if so, weighing the risk of trauma
- Make specific recommendations to the court based on those interviews and that investigation
- File petitions, motions, pleadings, briefs and appeals on the child's behalf
- Explain the court's order and its consequences to the child in terms they can understand
That list is longer and more demanding than most parents expect. It also explains why a GAL's report tends to be persuasive: by the time they make a recommendation they have usually spoken to more people and read more records than either parent's attorney.
Best interests, not the child's wishes — the distinction that surprises parents
This is the single most misunderstood aspect of the role, and it cuts both ways.
A GAL represents the child's best interests. They are not obliged to advocate for whatever the child says they prefer. Where a child expresses wishes that conflict with the GAL's own assessment, the standards require the GAL to inform the court of those wishes while still advancing what they believe serves the child.
So a parent who assumes that winning the child over settles the matter has misread the role. And a parent worried that a child's off-hand comment will decide the case has misread it in the other direction. The court hears both the child's stated preference and the GAL's independent judgment, and weighs them alongside the ten statutory best-interests factors in Virginia Code § 20-124.3.
Who can serve as a guardian ad litem in Virginia
Certification is controlled by the Supreme Court of Virginia, and the requirements are specific. A GAL for children must be an active member in good standing of the Virginia State Bar, must complete the seven-hour course "Representation of Children as a Guardian Ad Litem," and must demonstrate familiarity with juvenile law — by participating in four qualifying cases, or by assisting an experienced GAL in two. They must then obtain a nomination certificate from a judge or a qualified GAL.
The practical implication: the person appointed is a practicing attorney with specific training, drawn from a court-maintained list. They are not a social worker, not a court employee, and not a volunteer advocate. If you have encountered a CASA volunteer in another state, this is a different and more formal role.
If a GAL is appointed in your case: what to do
Parents routinely damage their own position in the first few weeks of a GAL appointment, almost always by misjudging the relationship. What actually helps:
Respond promptly and completely. The GAL will request records and access. Delay reads as obstruction, and obstruction becomes part of the picture they present to the judge.
Let them see the child's real life. A staged home visit is transparent. A GAL who has interviewed teachers, doctors and both households can tell the difference between a settled routine and a performance.
Do not coach the child. This is the most damaging error available to you. GALs interview children privately and are trained to recognize a rehearsed answer. A coached child does not help your case — it evidences exactly the kind of conduct the sixth and seventh best-interests factors are designed to capture, namely a parent's willingness to support the child's relationship with the other parent and to cooperate.
Be honest about difficulties. A parent who admits a real problem and shows what they are doing about it is more credible than one who presents a flawless account. The GAL will find the problem regardless.
Keep your attorney informed. Communications with a GAL are not confidential in the way conversations with your own lawyer are. Discuss what you intend to say before saying it.
Guardian ad litem questions
Is a guardian ad litem the child's lawyer?
A Virginia GAL is an attorney appointed to represent the child's best interests, which is not identical to acting as a conventional advocate for the child's stated preferences. Where the child's wishes differ from the GAL's assessment, the GAL must tell the court what the child wants while still advancing what they judge to be in the child's interests.
Can I request a guardian ad litem in a custody case?
Yes, you can ask the court to appoint one. Whether it happens is discretionary, and § 16.1-266 limits appointment in custody disputes where both parents already have counsel unless the child's interests are not otherwise adequately represented.
Who pays for the guardian ad litem?
How the fee is handled is determined by the court and varies with the type of case. Ask your attorney at the outset rather than assuming, because it is a question worth having answered before the appointment is made.
Does the judge have to follow the GAL's recommendation?
No. The recommendation is evidence and it is usually influential, but the decision remains the judge's, applying the statutory best-interests factors.
Will the GAL interview me?
Almost certainly. The standards require interviews with the parties, caretakers and others with knowledge of the child, alongside a review of records.
Can a guardian ad litem be removed?
A party can raise concerns with the court about a GAL's performance, but disagreeing with a recommendation is not itself a ground. This is a step to take with counsel and with specific, documented reasons rather than in frustration.
Is a GAL appointed in every Virginia custody case?
No. It is mandatory in abuse, neglect and termination-of-parental-rights matters, and discretionary elsewhere. Many contested custody cases proceed without one.
Related practice areas
A GAL appointment usually arises inside a larger dispute. See child custody, child support, custody and support modification, and our Fairfax family law attorney page for how the ten best-interests factors are applied. If protective orders are involved, see how to obtain a protective order in Virginia.
Speak with a Northern Virginia custody attorney
If a guardian ad litem has been appointed in your case, or you are considering asking for one, that decision shapes the rest of the matter. Randall J. Borden has appeared alongside guardians ad litem in the Northern Virginia courts for more than thirty years and handles every case personally. Call 703-385-8722 or contact the office.
General information about Virginia law, not legal advice. Sources: Virginia Code § 16.1-266 and the Supreme Court of Virginia Standards to Govern the Performance of Guardians ad Litem for Children.