Guardians ad litem and child representation in Iowa: who they are, what they owe your child, and who pays
If custody is contested in Iowa, the court can appoint someone to look into your family and report to the judge. This page is what Iowa’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 stateIowa
Everything below is traced to Iowa’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 appoint a guardian ad litem to represent the best interests of the minor child or children of the parties. … The court may appoint an attorney to represent the minor child or children of the parties.
Source: Iowa Code § 598.12 (guardian ad litem); Iowa Code § 598.12A (attorney for the child) · source
What duty they owe your child
hybrid/dual role — Iowa statutorily separates the two
Guardian ad litem: ‘solely responsible for representing the best interests of the minor child.’ Child’s attorney (Iowa Ct. R. ch. 62 standard): ‘The Child’s Attorney should abide by the child’s decisions about the objectives of the representation with respect to each issue on which the child is competent to direct the lawyer and does so.’
Source: Iowa Code § 598.12 (guardian ad litem); Iowa Code § 598.12A (attorney for the child) · source
Who can be appointed
Iowa Code § 598.12 states ‘The guardian ad litem shall be a practicing attorney,’ and § 598.12A likewise appoints ‘an attorney’ as the child’s attorney; the two roles cannot be combined — ‘The same person shall not serve as both the child’s guardian ad litem and the child’s attorney.’
Who pays
The court shall enter an order in favor of the guardian ad litem [or child’s attorney] for fees and disbursements as submitted… and the amount shall be charged against the party responsible for court costs.
Source: Iowa Code § 598.12; Iowa Code § 598.12A · source
Iowa Code § 598.12 and § 598.12A: ‘unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county.’
We looked for an official Iowa 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
Iowa 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: Iowa Code § 598.12B · 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 Iowa
Iowa is one of the few states that statutorily bars the same person from serving as both guardian ad litem and child’s attorney in the same case, requiring a practicing attorney for each of two separate roles with opposite duty standards (best interests vs. the child’s expressed wishes), plus a third court-standards role, the ‘child and family reporter,’ for custody investigations under Iowa Code § 598.12B.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Iowa child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made