The rest of what we have written about California. Every figure is quoted from California’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in California: who they are, what they owe your child, and who pays
If custody is contested in California, the court can appoint someone to look into your family and report to the judge. This page is what California’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.
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Everything below is traced to California’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
If the court determines that it would be in the best interest of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules 5.240, 5.241, and 5.242 of the California Rules of Court.
Source: Cal. Fam. Code § 3150(a) · source
What duty they owe your child
hybrid
The child’s counsel appointed under this chapter is charged with the representation of the child’s best interests… If the child so desires, the child’s counsel shall present the child’s wishes to the court.
Source: Cal. Fam. Code § 3150(a) · source
Who can be appointed
Section 3150 authorizes appointment of ‘private counsel’ (an attorney) to represent the child, and cross-references California Rules of Court 5.240-5.242, which set qualification/training requirements for attorneys appointed to this role.
Who pays
counsel shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court… this amount shall be paid by the parties in the proportions the court deems just.
Source: Cal. Fam. Code § 3153 · source
If the court finds both parties together are financially unable to pay all or part of the cost of appointed counsel, that unpayable portion is paid by the county, per Cal. Fam. Code § 3153(b), which also directs the Judicial Council to adopt financial-eligibility guidelines.
We looked for an official California 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
California 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: Cal. Fam. Code § 3111 · 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 California
When both parents together cannot afford appointed minor’s counsel, the unpaid portion of the fee is charged to the county (not the state), per § 3153(b), and a custody-evaluation report under § 3111 must be filed at least 10 days before the custody hearing and conducted under statewide standards the Judicial Council is required to adopt under § 3117.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- California child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made