The rest of what we have written about Virginia. Every figure is quoted from Virginia’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Virginia: who they are, what they owe your child, and who pays
If custody is contested in Virginia, the court can appoint someone to look into your family and report to the judge. This page is what Virginia’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 stateVirginia
Everything below is traced to Virginia’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 cases where the custody of a child or children is the subject of controversy… and each of the parents or other persons claiming a right to custody is represented by counsel, the court shall not appoint counsel or a guardian ad litem to represent the interests of the child… unless the court finds… that the interests of the child or children are not otherwise adequately represented.
Source: Va. Code § 16.1-266(F) · source
What duty they owe your child
best interests
The role and responsibility of the GAL is to represent, as an attorney, the child’s best interests before the court. The GAL is a full and active participant in the proceedings who independently investigates, assesses and advocates for the child’s best interests.
Source: Va. Code § 16.1-266(F) · source
Who can be appointed
Va. Code § 16.1-266(F) authorizes appointment of ‘discreet and competent attorneys-at-law,’ and the Judicial Council’s Standards to Govern the Performance of Guardians ad Litem for Children apply ‘to all attorneys serving as guardians ad litem for children’ in custody and visitation cases.
Who pays
the court shall order the parent, or other party with a legitimate interest who has filed a petition in such proceeding, to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the guardian ad litem by the court.
Source: Va. Code § 16.1-267(C)(1) · source
Va. Code § 16.1-267(C)(1): ‘If the court determines that such party is unable to pay, the required reimbursement may be reduced or eliminated. No party whom the court determines to be indigent pursuant to § 19.2-159 shall be required to pay reimbursement except where the court finds good cause to do so.’
We looked for an official Virginia 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.
The thing worth knowing about Virginia
Virginia’s statute creates a presumption against appointing a guardian ad litem in a private custody dispute at all: Va. Code § 16.1-266(F) states that when both parents already have their own lawyers, ‘the court shall not appoint counsel or a guardian ad litem to represent the interests of the child’ unless the court affirmatively finds the child’s interests are not otherwise adequately represented — meaning represented parents in Virginia start from a default of no GAL, not a default of appointment.
What we could not verify
For Virginia we could not confirm the following from a primary source, and we would rather say so than guess:
- the custody evaluation provision
If you practice in Virginia 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
- Virginia child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made