What Does a Guardian Ad Litem Do in Maryland?

In Maryland, what most people call a guardian ad litem is now officially titled a Child’s Best Interest Attorney. The state replaced the older term in its court rules and practice guidelines, but the function is close to what parents expect: a lawyer appointed by the court in a contested custody or visitation case to independently evaluate the child’s situation and advocate to the judge for the arrangement that attorney believes is best for the child.¹

The attorney is not on either parent’s side, and is not simply a mouthpiece for the child. They form their own view and argue for it, even if the child wants something different and even if that requires disclosing things the child told them in confidence.¹

What the Attorney Does in Your Case

Once appointed, the Child’s Best Interest Attorney conducts an independent investigation. Maryland’s practice guidelines authorize them to interview the child, both parents, teachers, childcare providers, therapists, and other people in the child’s life. They can visit the child in each home, observe how the child interacts with each parent, and review school, medical, dental, and mental health records.²

The appointment order itself gives the attorney access to otherwise privileged or confidential information about the child without any separate release or court order. They can also participate in discovery as if the child were a party, meaning they can request documents, take depositions, and issue subpoenas.³

At trial, the attorney functions as a trial lawyer, not a witness. They can call witnesses, present evidence, cross-examine, and argue a position. They cannot personally testify or file a written report with the court.² They are also required to make sure the child’s own stated preferences reach the judge, even when those preferences differ from what the attorney is recommending.¹

When a Maryland Court Appoints One

Appointment is discretionary. Either parent can ask for one, or the judge can order it on their own. Maryland Rule 9-205.1 directs the court to weigh things like the nature of the evidence likely to come up, whether other methods such as a social service investigation could get the same information, and whether anyone can pay for the appointment.³

The rule flags specific situations that make appointment more likely:

High conflict between the parents
Past or current allegations of abuse or neglect
Concerns that a parent is manipulating or coaching the child
Mental health issues affecting the child or a parent
Substance abuse by either parent
Actual or threatened family violence
Special physical, educational, or mental health needs that require investigation
A proposed relocation that would substantially cut the child’s time with one parent or siblings
Cases considering custody to a non-parent or terminating parenting time

The court can weigh any other factor it finds relevant.³ As a practical matter, the more of those factors a case checks, the more likely an appointment becomes. A routine disagreement over weeknight schedules rarely triggers one. Allegations of drug use around the child almost always do.

Three Types of Child Representatives

Rule 9-205.1 requires the appointment order to specify which of three roles the attorney will fill. The distinction matters, because it changes what information reaches the judge and whose instructions the lawyer actually follows.

Child’s Best Interest Attorney

This is the role most people picture when they hear “guardian ad litem.” The attorney independently decides what arrangement would best serve the child and argues for it. They can disclose confidential information to the court when doing so serves the child’s interests, and they are not required to follow the child’s instructions.¹

Child’s Advocate Attorney

A Child’s Advocate Attorney is a traditional lawyer for the child. The attorney treats the child like any other client, follows the child’s instructions, and keeps attorney-client communications confidential. This role is generally reserved for older children who are mature enough to articulate their own interests and understand those interests may differ from what either parent wants.⁴

Child’s Privilege Attorney

This narrower role handles one specific question: whether to assert or waive a privilege the child holds over confidential information, such as communications with a therapist, social worker, or drug counselor. The attorney decides whether releasing that information serves the child. The court can combine this role with either of the others and can assign additional duties.¹ A privilege attorney is required when the child is not mature enough to decide about waiving their own privilege.⁴

Who Pays

Maryland law lets the court impose the cost of the child’s attorney on one or both parents.⁵ The appointment order itself has to include compensation terms unless the attorney agreed to serve for free.³ Courts have discretion in how to split the cost and generally weigh each parent’s resources.

The commentary to the rule tells courts to make sure representation is available regardless of the parents’ finances, so inability to pay is not supposed to leave a child unrepresented. In practice, that can mean a reduced fee, a larger share assigned to the higher-earning parent, or a pro bono appointment. Total cost tracks the complexity of the case: a few interviews and one hearing cost far less than months of investigation, multiple home visits, and a multi-day trial.

How to Handle the Investigation

For parents, the investigation is the part that feels most intrusive. The attorney will likely visit your home, interview you at length, and talk with people you deal with regularly. Trying to stage-manage any of it tends to backfire. Experienced child attorneys have seen every version of a parent putting on a performance, and it rarely holds up across multiple interviews and observations. The better approach is to be straightforward, demonstrate your relationship with your child, and avoid attacking the other parent in interviews.

Keep the role in perspective. The attorney is not a therapist, mediator, or parenting coach. If you are expecting them to resolve the conflict between you and the other parent, you are looking at the wrong resource.

Disagreeing With the Attorney’s Position

The attorney does not make the custody decision. The judge does. The attorney’s position often carries weight because it comes from an independent investigation focused entirely on the child, but it is not binding. Judges weigh it alongside testimony, mental health evaluations, and any social service investigations, and a well-prepared parent with strong evidence can overcome an unfavorable recommendation.

Because the Best Interest Attorney cannot testify, you cannot cross-examine them directly about their findings.⁴ You push back the same way you would in any contested trial: call your own witnesses, present documentary evidence, and cross-examine the witnesses the child’s attorney calls.

If you think the investigation was inadequate or biased, raise it with the court. Maryland’s guidelines require the attorney to stay objective, investigate thoroughly, and keep their allegiance to the child’s welfare rather than to any party. An attorney who recommends an outcome without visiting one parent’s home, or who appears to be running on one parent’s account of events, may not be meeting those obligations. Judges can replace an appointed attorney or modify the appointment order at any time.

The common mistake is ignoring the investigation until trial and then scrambling. If you can see where things are heading, work with your own lawyer early to identify weaknesses in the attorney’s investigation and line up evidence to address them.

What the Attorney Cannot Do

The child’s attorney cannot make custody decisions, order either parent to do anything, or enforce agreements between you. They are an advocate before the court, not a decision-maker.

They also cannot act as the child’s therapist or take on any parental function. Their involvement is legal, not clinical. A child who needs counseling during a custody dispute needs a separate professional. The attorney is not a social worker either; while the investigation may overlap with what a social service evaluation would cover, the attorney’s job is to translate what they learn into a legal position, not to provide ongoing services.

And the role has an endpoint. The appointment order must say when it terminates, and the attorney’s involvement ends there unless the court extends it.³

1
New York Codes, Rules and Regulations. Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access
2
Montgomery County Circuit Court. Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access
3
New York Codes, Rules and Regulations. Maryland Rule 9-205.1 – Appointment of Child’s Attorney
4
The Maryland People’s Law Library. Attorneys for Children in Custody Cases
5
New York Codes, Rules and Regulations. Maryland Code Family Law