What Does a Guardian Ad Litem Do in Michigan?

A guardian ad litem in Michigan is a person a court appoints to look into a child’s situation and tell the judge what the child needs. In most Michigan cases involving children, though, what the court actually appoints is a lawyer-guardian ad litem (L-GAL) — an attorney who independently represents the child’s best interests and participates in the case the way any other lawyer would. The plain guardian ad litem (GAL) and the lawyer-guardian ad litem are two different roles with different duties, and which one shows up in your case changes what to expect.

The Two Versions: GAL and L-GAL

A GAL is a person the court appoints to investigate a child’s circumstances and make recommendations about the child’s best interests. The GAL’s duty runs to the court, not to the child, and the GAL does not need to be an attorney.¹ Think of a plain GAL as the court’s investigator and advisor.

An L-GAL is an attorney, and the duty runs to the child. The L-GAL maintains attorney-client privilege with the child, independently represents the child’s best interests, and participates in every aspect of the litigation. Because the L-GAL is a licensed attorney, they can file pleadings, call witnesses, and do everything a non-attorney GAL cannot.²

If your child has an L-GAL, that attorney owes confidentiality to your child and advocates for what the L-GAL independently determines is in the child’s best interests. If your case has only a plain GAL, you have a court-appointed evaluator rather than a lawyer for the child.

When the Court Appoints One

Child Protective Cases

Every child who is the subject of a child protective proceeding in Michigan must have an L-GAL. The child cannot waive this right, and the L-GAL must be present at every hearing, including the preliminary hearing.¹ There is no discretion here — the court must appoint one.

Custody Disputes

In cases under the Child Custody Act, appointment of an L-GAL is discretionary. The court may appoint one if it determines that the child’s best interests are not being adequately represented by the existing parties. Once appointed, that L-GAL has the same powers and duties set out in MCL 712A.17d.³

Guardianship and Safe Delivery Cases

An L-GAL may also be appointed in guardianship proceedings and cases under the Safe Delivery of Newborns Law. In those situations the appointment is discretionary, and the court weighs the complexity of the case and the individual’s vulnerability. A non-attorney GAL can be appointed in any of these proceedings to investigate and advise the court, sometimes alongside an L-GAL.¹

What the L-GAL Actually Does in Your Case

MCL 712A.17d defines the job. The L-GAL conducts an independent investigation, which means interviewing the child, social workers, family members, and anyone else relevant, plus reviewing case files, evaluation reports, and therapy records. The agency involved must provide all documentation of progress related to the court-ordered treatment plan, including therapy reports and parenting-time records, at least five business days before each scheduled hearing.²

The L-GAL must meet with or observe the child at set points in the case:

Before the pretrial hearing
Before the initial disposition, if held more than 91 days after the petition was authorized
Before each dispositional review hearing
Before each permanency planning hearing
Before any post-termination review hearing
At least once during any supplemental petition

The court can require additional visits and may allow alternative contact methods, such as video calls, if good cause is shown on the record. At each hearing, the judge is required to ask whether the L-GAL has met with the child. If the L-GAL hasn’t, they must explain why on the record.²

Beyond individual hearings, the L-GAL monitors whether court orders are actually being followed. That ongoing oversight means the L-GAL stays involved through permanency hearings, review hearings, and in many cases through post-termination proceedings.

L-GALs working in child protective proceedings must complete training in child and adolescent development before taking appointments. The Michigan State Court Administrative Office administers an online training program with required modules and a passing score of 80% on each.⁴

When the Child Wants Something Different

One of the most misunderstood parts of the L-GAL role is what happens when the child wants one thing and the L-GAL thinks something else is better for them. The statute is direct: the L-GAL must advocate for what they independently determine to be in the child’s best interests, even when that conflicts with what the child wants.²

The child’s wishes aren’t ignored. The L-GAL weighs them based on the child’s age, competence, and maturity, and consistent with attorney-client privilege must still inform the court of what the child wants, even when recommending something different. A 16-year-old’s preference carries more weight than a 4-year-old’s, but neither can be disregarded entirely.

When the gap between the child’s wishes and the L-GAL’s best-interest determination is serious enough, the court may appoint a separate attorney to represent the child’s expressed wishes. That second attorney serves alongside the L-GAL, not as a replacement.¹

Reports, Recommendations, and Evidence

In custody disputes, the L-GAL may file a written report and recommendation with the court. The judge can read it, but it cannot be admitted into evidence unless all parties agree. The parties may use it at a settlement conference.³ That stipulation requirement matters: in a contested custody case, your attorney can prevent the L-GAL’s written report from becoming formal evidence. The L-GAL can still testify, but the written document stays out unless everyone agrees.

In child protective proceedings, the L-GAL plays a more active role. The L-GAL can file pleadings, call witnesses, and participate the way any other attorney would. Because the L-GAL has full access to agency case files and relevant reports, they often bring information to the judge that neither the parents’ attorneys nor the prosecution have raised.

Who Pays

In custody disputes, the court may assess all or part of the L-GAL’s costs and reasonable fees against one or more of the parties based on ability to pay. The statute also allows the court to draw from funds allocated from marriage license fees designated for family counseling services. An L-GAL appointed in a custody case cannot be paid until the court reviews and approves the fee.³

In child protective proceedings, L-GAL compensation typically comes from public funds, since the state is bringing the action against the parents. The court retains discretion over the amount, and L-GALs are generally expected to document their time and tasks so the court can confirm the fee is reasonable.

For parents in a custody case, the court looks at both incomes and may split the cost, assign it entirely to one party, or in limited circumstances fund it publicly. The ability-to-pay determination happens before the fee is assessed, so you have the chance to be heard. Fees can still add up in complex or long-running cases, so ask the court early about the expected cost structure.

If You Think the L-GAL Isn’t Doing the Job

Once appointed in a child protective proceeding, an L-GAL stays on the case for as long as the child remains under the court’s jurisdiction. The court cannot discharge the L-GAL without good cause shown on the record.¹ Getting one removed is difficult by design, because the system prioritizes continuity for the child.

Your strongest ground is specific failure to meet statutory duties under MCL 712A.17d: missed required visits with the child, failure to review the agency file, recommendations unsupported by any real investigation. Document the specifics and raise them with the judge. Failure to comply with the statutory requirements can result in sanctions, and in serious cases the attorney may face professional discipline.¹

1
Michigan Courts. Michigan Lawyer-Guardian Ad Litem Protocol
2
Michigan Legislature. Michigan Compiled Laws 712A.17d – Lawyer-Guardian Ad Litem; Powers and Duties
3
Michigan Legislature. Michigan Compiled Laws Chapter 722 – Section 722.24
4
Michigan Courts. Lawyer-Guardian Ad Litem (LGAL) Trainings and Resources