The rest of what we have written about Indiana. Every figure is quoted from Indiana’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Indiana: who they are, what they owe your child, and who pays
If custody is contested in Indiana, the court can appoint someone to look into your family and report to the judge. This page is what Indiana’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 Indiana’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.
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — since 1 January 2025 a GAL must qualify under Rule 1.1 of the Indiana GAL Guidelines: a licensed attorney, a licensed mental health professional, staff of a court-approved GAL program, or a person the GAL Family Law Oversight Committee approves — plus training and background checks.
- Who pays — none found — Ind. Code § 31-17-6 (Chapter 6, sections 1-9) contains no indigency waiver, exception, or inability-to-pay provision for the GAL/CASA user fee.
- Custody evaluations — Indiana governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about Indiana
In this subject 9
What the role is called here
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — since 1 January 2025 a GAL must qualify under Rule 1.1 of the Indiana GAL Guidelines: a licensed attorney, a licensed mental health professional, staff of a court-approved GAL program, or a person the GAL Family Law Oversight Committee approves — plus training and background checks.
- Who pays — none found — Ind. Code § 31-17-6 (Chapter 6, sections 1-9) contains no indigency waiver, exception, or inability-to-pay provision for the GAL/CASA user fee.
- Custody evaluations — Indiana governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about Indiana
In this subject 9
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
A court, in a proceeding under IC 31-17-2, IC 31-17-4, this chapter, IC 31-17-7, IC 31-28-5, or IC 31-35-3.5, may appoint a guardian ad litem, a court appointed special advocate, or both, for a child at any time.
Source: Ind. Code § 31-17-6-1 · read it on Justia — a commercial publisher, not the state’s own site
What duty they owe your child
best interests
A guardian ad litem or court appointed special advocate shall represent and protect the best interests of the child.
Source: Ind. Code § 31-17-6-1 · read it on Justia — a commercial publisher, not the state’s own site
Who can be appointed
The statute is silent on qualifications: Ind. Code § 31-17-6-1 contains no professional-license requirement, and § 31-17-6-9 contemplates payment either ‘to the individual or attorney guardian ad litem.’ Since 1 January 2025 the statute is no longer the whole answer.
(a) A person may serve as a GAL if the person is: 1. a licensed attorney in good standing with the Indiana Supreme Court; 2. a licensed mental health professional in good standing with the Indiana Behavioral Services and Human Health Licensing Board or the Indiana Department of Education; 3. employed by, or contracted with, a court-approved GAL services program or a GAL/CASA program certified by the Supreme Court under IC 33-24-6-4; or 4. approved by the GAL Family Law Oversight Committee to operate independently based on their knowledge, skill, experience, training, education, or other qualifications; and (b) meets the initial and ongoing training requirements outlined in these rules; and (c) continuously meets the background, reporting and other requirements outlined in these rules.
So a lay person cannot simply be appointed. The only route that does not run through a license or a court-approved program is Rule 1.1(a)(4), approval by the GAL Family Law Oversight Committee. Rule 2.1 adds a minimum of twelve hours of initial training unless the Committee waives it, and Rules 1.2 and 1.3 bar anyone with a disqualifying criminal record or a substantiated child abuse or neglect finding. The Guidelines apply only where the GAL was appointed on or after 1 January 2025.
Source: Indiana Guardian Ad Litem Guidelines for Civil Family Law Cases, Rules 1.1–1.4 and 2.1, approved by Supreme Court order 17 October 2024, effective 1 January 2025 · read them on the Indiana Supreme Court’s own rules site. Read 20 October 2026.
Who pays
The court may order either or both parents of a child for whom a guardian ad litem or court appointed special advocate is appointed under this chapter to pay a user fee for the services provided under this chapter.
Source: Ind. Code § 31-17-6-9 · read it on Justia — a commercial publisher, not the state’s own site
none found — Ind. Code § 31-17-6 (Chapter 6, sections 1-9) contains no indigency waiver, exception, or inability-to-pay provision for the GAL/CASA user fee.
There is still no statewide fee schedule. But Rule 3.3 of the Indiana GAL Guidelines requires the court’s written Order of Appointment to contain ‘the cost of services and/or apportionment of fees’ — so the figure and the split belong on the face of the order rather than being discovered later. The commentary to Rule 3.2 also lists ‘the financial impact on the parties and the ability of the parties to pay reasonable fees to the GAL’ among the factors a court may weigh before appointing one at all.
Source: Indiana GAL Guidelines, Rules 3.2–3.3, effective 1 January 2025 · Indiana Supreme Court rules site. Read 20 October 2026.
We looked for an official Indiana fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of most states — only a handful publish figures at all, among them Arkansas, Massachusetts and Minnesota, and those are subsidized 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
Indiana 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: Ind. Code § 31-17-2-12 · read it on Justia — a commercial publisher, not the state’s own site
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 Indiana
Indiana lets the court route the same ‘user fee’ for a GAL/CASA either into a county GAL/CASA fund via the clerk, directly to the program, or directly to the individual or attorney serving as guardian ad litem — and expressly contemplates the guardian ad litem being either a layperson or an attorney (Ind. Code § 31-17-6-9).
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Indiana child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made