The rest of what we have written about Alaska. Every figure is quoted from Alaska’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Alaska: who they are, what they owe your child, and who pays
If custody is contested in Alaska, the court can appoint someone to look into your family and report to the judge. This page is what Alaska’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
See a different stateAlaska
Everything below is traced to Alaska’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
What the role is called here
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
the court may, upon the motion of a party to the action or upon its own motion, appoint an attorney or the office of public advocacy… [and] shall require a guardian ad litem when, in the opinion of the court, representation of the child’s best interests… would serve the welfare of the child
Source: AS 25.24.310(a) and (c) · source
What duty they owe your child
best interests
the court shall require a guardian ad litem when, in the opinion of the court, representation of the child’s best interests… would serve the welfare of the child
Source: AS 25.24.310(a) and (c) · source
Who can be appointed
AS 25.24.310(a) authorizes appointment of ‘an attorney or the office of public advocacy’ to represent the minor, while (c) separately authorizes a guardian ad litem role tied to the child’s best…ests; the statute text retrieved does not state that the guardian ad litem itself must be a licensed attorney, so the answer depends on which of the two roles is appointed.
Who pays
order for costs, fees, and disbursements shall be made against either or both parents, except that, if one of the parties responsible for the costs is indigent, the costs…shall be borne by the state
Source: AS 25.24.310(b) · source
If a parent responsible for the attorney/GAL costs is indigent, AS 25.24.310(b) shifts that share of the costs to the state.
We looked for an official Alaska fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of almost every state — only Minnesota and Massachusetts publish figures, and both are subsidised program rates rather than market ones.
The numbers circulating online come from law-firm marketing pages. We will not repeat those as though they were sourced. Call your county family court clerk and ask what appointees there actually charge. It is local, current, and free.
Custody evaluations
Alaska governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem. An evaluator is a witness, not an advocate — and their recommendation is a recommendation, not a ruling a judge is bound by.
Source: Alaska R. Civ. P. 90.6 (Custody Investigators) · source
Before an evaluation begins, it is worth asking which psychological instruments will be used. The peer-reviewed literature is openly critical of several still in circulation — one has interrater reliability reported as ranging from 50% to 100%. The evidence, in full.
The thing worth knowing about Alaska
Custody-investigation compensation under Civil Rule 90.6 is typically divided equally between the parties unless the court finds good cause to allocate it differently, and the rule enumerates nine specific components (parent interviews, parent-child observation, record checks, etc.) that a full investigation should ordinarily cover.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Alaska child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made