Guardian ad Litem (GAL)

The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at 800-362-9082 for additional assistance.

A Guardian ad Litem (GAL) is an attorney appointed by the Court to represent the best interests (not wishes) of a minor child regarding:

  • Legal custody and/or physical placement disputes and/or
  • A marital presumption issue
    • If any children have been born to the wife during the course of the marriage, the law presumes that the husband is the father of those children. In other words, the husband is the child(ren)'s legal father unless or until the Court determines otherwise. If there is a question as to whether or not the husband is the father of any child born to the wife, the law REQUIRES that a Guardian ad Litem be appointed to investigate whether or not the husband is the biological father of the child.

The parents of the child(ren) will generally be required to pay the GAL fees, including an initial deposit and payments once the matter is completed.

Request for Appointment of Guardian ad Litem

There are two ways to request an appointment of a GAL

  1. An attorney by verbal request in a hearing or by written request to the Court. A copy of the request must be sent to the opposing party. The court official reviews the request and drafts an order if he/she agrees.
  2. A parent by verbal request in a hearing or by written request to the Court. A copy of the request must be sent to the opposing party. The court official reviews the request and drafts an order if he/she agrees.

Guardian ad Litem Fees

Each party may be required to pay a $1,000 GAL deposit fee before the court official will appoint a GAL. In some circumstances, the Court may order one party to pay the entire $2,000 deposit. Checks/money orders are to be made payable to Oconto County Clerk of Courts. Debit/credit cards are accepted, however, an additional service fee is charged. Payments may be mailed to the Oconto County Clerk of Courts, 301 Washington Street, Oconto, Wisconsin 54153.

GAL deposits cannot be waived by the Court. Should only one party pay his/her required deposit, that party may pay the entire $2,000 deposit and seek reimbursement from the other party at a later date.

In some circumstances, the court official may allow a party to pay the GAL deposit by payment plan, however, the GAL is not appointed by the court official until the entire $2,000 deposit is paid to the Oconto County Clerk of Courts. Additionally, any parent entering into a payment plan will continue making payments until his/her entire share of all GAL deposits/fees are paid.

Order for Appointment of Guardian ad Litem

Upon receipt of the $2,000 GAL deposit, the court official will appoint a GAL. An Order to Appoint Guardian ad Litem and Consent to Act is sent to all parties. It is the parties' responsibility to contact the GAL to schedule an appointment.

Report of Guardian ad Litem

The GAL investigates facts relevant to the issues of each case. Much of the investigation is conducted through interviews with each parent, the child(ren), or other people with significant information. The GAL will make a recommendation to the Court and will provide a copy of the recommendation to both parents.

The Court will schedule a Status Conference to determine each parent's position relative to the GAL's recommendation.

  • If both parents agree with the GAL's recommendation, a Stipulation and Order to Change will be required to make the GAL recommendation the new court ordered placement.
    • Click here for information regarding Stipulation and Order to Change
  • If one parent does not agree to the GAL's recommendation, a court trial will be scheduled.
  • If the GAL recommendation was made during a pending divorce action, the divorce will be considered contested and a trial before the Circuit Court Judge will be scheduled.

Non-Cooperation

Parties' failure to pay any required GAL deposits by their due dates or parties' failure to cooperate with the GAL may result in a status hearing being scheduled or the motion/case being dismissed by the Court.

Failure to pay outstanding GAL fees by the due date may result in the Oconto County Clerk of Courts referring the debt to the State Debt Collection program.