5. What does a guardian ad litem do in a Wisconsin custody case?

A guardian ad litem, commonly called a GAL, is a Wisconsin attorney appointed by the court to advocate for the child's best interests. The GAL does not represent either parent and is not required to adopt the child's preferred outcome.

The GAL independently considers the statutory best-interest factors, the parties' parenting plans, any custody study, and other information relevant to legal custody and physical placement. The GAL must investigate whether either parent has engaged in domestic abuse or specified forms of interspousal violence and report the results to the court. The GAL also reviews and comments on custody and placement agreements reached through mediation.

A GAL may communicate with the child, the parents, attorneys, teachers, health-care professionals, counselors, relatives, and other people who have relevant information. The precise scope of the investigation depends on the issues presented and any directions contained in the appointment order.

The GAL must consider the child's wishes but is not bound by them. Unless the child requests otherwise, the GAL communicates the child's custody or placement wishes to the court. The GAL then advocates for the result the GAL believes serves the child's best interests, even when that position differs from what the child or either parent wants.

The GAL does not decide the case. The court makes the final custody and placement decision after considering the evidence, applicable law, and the GAL's position. A GAL must be appointed in many contested custody and placement cases, although Wisconsin law contains exceptions in some postjudgment modification proceedings.