Guardians ad litem and child representation in Louisiana: who they are, what they owe your child, and who pays
If custody is contested in Louisiana, the court can appoint someone to look into your family and report to the judge. This page is what Louisiana’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 Louisiana’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
In any child custody or visitation proceeding, the court, upon its own motion, upon motion of any parent or party, or upon motion of the child, may appoint an attorney to represent the child if, after a contradictory hearing, the court determines such appointment would be in the best interest of the child.
Source: La. R.S. 9:345 · source
What duty they owe your child
Upon appointment as attorney for the child, the attorney shall interview the child, review all relevant records, and conduct discovery as deemed necessary to ascertain facts relevant to the child’s custody or visitation.
Source: La. R.S. 9:345 · source
Who can be appointed
La. R.S. 9:345(A) authorizes the court to ‘appoint an attorney to represent the child,’ and subsection (C) provides that ‘the order appointing an attorney to represent the child shall serve as his enrollment as counsel of record,’ confirming the appointee is a licensed attorney.
Who pays
Any costs associated with the appointment of an attorney at law shall be apportioned among the parties as the court deems just, taking into consideration the parties’ ability to pay.
Source: La. R.S. 9:345(F) · source
La. R.S. 9:345(F): ‘When the parties’ ability to pay is limited, the court shall attempt to secure proper representation without compensation.’
We looked for an official Louisiana 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
Louisiana 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: La. R.S. 9:331 · 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 Louisiana
Louisiana requires a contradictory hearing before the court may appoint an attorney for the child in a custody dispute (La. R.S. 9:345(A)), and appointment is mandatory rather than discretionary whenever a party makes a prima facie showing at that hearing that a parent or caretaker has sexually, physically, or emotionally abused the child or should have known of abuse (La. R.S. 9:345(B)).
What we could not verify
For Louisiana we could not confirm the following from a primary source, and we would rather say so than guess:
- what duty the appointee owes
If you practice in Louisiana and can point us at the right provision, tell us. Corrections are published with the date, what changed, and how long the error was live.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Louisiana child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made