Guardians ad litem and child representation in Minnesota: who they are, what they owe your child, and who pays
If custody is contested in Minnesota, the court can appoint someone to look into your family and report to the judge. This page is what Minnesota’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 stateMinnesota
Everything below is traced to Minnesota’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 interests of the child
Source: Minn. Stat. § 518.165, subd. 1 · source
What duty they owe your child
hybrid
represent the interests of the child and advise the court with respect to custody and parenting time
Source: Minn. Stat. § 518.165, subd. 1 · source
Who can be appointed
Minn. Stat. § 518.165 contains no requirement that a guardian ad litem be an attorney; GALs are typically trained lay volunteers or Guardian ad Litem Board staff, not lawyers.
Who pays
The order may be made against either or both parties, except that any part of the costs, fees, or disbursements which the court finds the parties are incapable of paying shall be borne by the State Guardian Ad Litem Board.
Source: Minn. Stat. § 518.165, subd. 3 · source
In no event may the court order that costs, fees, or disbursements be paid by a party receiving public assistance or legal assistance or by a party whose annual income falls below the poverty line; such costs are instead borne by the State Guardian Ad Litem Board.
We looked for an official Minnesota 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
Minnesota 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: Minn. Stat. § 518.167 · 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 Minnesota
Minnesota funds guardians ad litem through a dedicated state agency, the State Guardian Ad Litem Board, which by statute must absorb any GAL costs a court finds a party incapable of paying (Minn. Stat. § 518.165, subd. 3) — a more centralized, state-run indigency backstop than most states, which instead leave unpaid GAL costs to case-by-case court fee waivers.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Minnesota child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made