The rest of what we have written about Oregon. Every figure is quoted from Oregon’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Oregon: who they are, what they owe your child, and who pays
If custody is contested in Oregon, the court can appoint someone to look into your family and report to the judge. This page is what Oregon’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 stateOregon
Everything below is traced to Oregon’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, on its own motion or on the motion of a party, may appoint counsel for the children. However, if requested to do so by one or more of the children, the court shall appoint counsel for the child or children.
Source: Or. Rev. Stat. § 107.425(6) · source
What duty they owe your child
Oregon authorizes the appointment but we could not find statutory language stating whether the appointee follows your child’s wishes or their own view of your child’s best interests. That distinction decides what they will tell the judge. Where the statute is silent it is usually settled by case law or local practice — so ask the appointee directly, at the first meeting, which standard they are applying. It is a fair question and a revealing one.
Who can be appointed
The statute refers to the appointee as ‘counsel’ and to ‘a reasonable fee for an attorney so appointed,’ indicating the role is filled by a licensed attorney rather than a lay guardian ad litem.
Who pays
A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceedings but shall not be charged against funds appropriated for public defense services.
Source: Or. Rev. Stat. § 107.425(6) · source
none found – the statute affirmatively bars use of public defense funds for these fees (‘shall not be charged against funds appropriated for public defense services’), and no separate indigency waiver provision was located.
We looked for an official Oregon 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
Oregon 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: Or. Rev. Stat. § 107.425(1)-(3) · 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 Oregon
Oregon is one of the few states where appointment of counsel for the child is mandatory, not discretionary, once a child asks for it: Or. Rev. Stat. § 107.425(6) provides that ‘if requested to do so by one or more of the children, the court shall appoint counsel for the child or children’ – contrasted with the ordinarily discretionary ‘may appoint’ standard that applies otherwise.
What we could not verify
For Oregon 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 Oregon 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
- Oregon child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made