New Hampshire Guardian Ad Litem in Custody Cases

A guardian ad litem (GAL) is a court-appointed investigator who gathers information to assist the court in determining the child's best interests. In New Hampshire, a GAL may be appointed under RSA 461-A:16 in a contested proceeding when the court has special concern about the child's welfare — not every custody case gets one.

When Courts Appoint a GAL

Judges typically appoint a guardian ad litem when:

• Parental fitness is questioned — allegations of substance abuse, mental health concerns, neglect, or unsafe living conditions
• Domestic violence is alleged — the GAL investigates the impact on the child and each parent's ability to provide a safe environment
• Parents' accounts sharply conflict — when each parent tells a fundamentally different story about the child's daily life, school performance, or emotional well-being
• The child's preferences need independent assessment — particularly for older children whose stated wishes may be influenced by one parent

Either parent can request a GAL appointment, or the judge can order one independently. The appointment is discretionary. The court considers factors including the child's age, the nature and contentiousness of the hearing, the parties' financial resources, domestic abuse or child abuse, educational needs, and whether a GAL would help provide best-interests information.

What the GAL Does

The GAL conducts an independent investigation that typically includes:

Home visits. The GAL may visit each parent's home to gather information about the child's living environment, the parent-child interaction, and household stability.

Interviews. The GAL interviews both parents, the child (age-appropriate), and relevant third parties — teachers, pediatricians, therapists, coaches, daycare providers, and extended family members who play a significant role in the child's life.

Record review. School records, medical records, therapy notes, police reports, and any prior court orders are reviewed to build a factual picture of the child's history and each parent's involvement.

Observation of exchanges. In high-conflict cases, the GAL may observe a custody exchange to assess the parents' ability to manage transitions without exposing the child to conflict.

The GAL Report

After completing the investigation, the GAL files a report addressing the issues identified by the court, no later than the final pretrial hearing. The report is shared with both parents unless the court finds that disclosure is not in the child's best interest. The report does not propose an allocation of decision-making responsibility, a parenting plan, or a specific parenting schedule unless the court specifically requests it.

The GAL's report is not binding — the judge makes the final decision. It provides information for the court's best-interests determination.

If you disagree with the report, your attorney (or you, if pro se) can ask questions about the GAL's methodology, challenge factual errors, and present contrary evidence, subject to the court's rules.

What It Costs

GAL services aren't free. The court establishes a maximum fee. When the parties pay directly, the hourly rate and maximum fee are set by written agreement, and the fees are charged to the parties in a proportional amount determined by the court, considering income, assets, who requested the appointment, and other relevant factors. The GAL may not exceed the fee cap without prior court approval.

How to Prepare for a GAL Investigation

Be cooperative. Refusing to participate, canceling home visits, or withholding records from the GAL creates an immediate negative impression. The GAL will note non-cooperation in their report.

Be honest. GALs are experienced investigators who will cross-reference your statements with records, third-party interviews, and the other parent's account. Exaggerations or fabrications get caught and undermine your credibility.

Maintain your normal routine. Don't rearrange your entire life for the home visit. The GAL wants to see your actual living environment and parenting routine, not a staged performance.

Document your involvement. Keep records of school meetings you've attended, medical appointments you've taken the child to, extracurricular activities you've supported, and your daily parenting activities. The GAL needs concrete evidence, not general claims about being a good parent.

Provide your witnesses. Give the GAL names and contact information for people who can speak to your parenting — the child's teacher, pediatrician, a neighbor who sees your daily routine. Don't assume the GAL will find them independently.

The New Hampshire Child Custody & Parenting Plan Guide includes a best interests evidence worksheet designed to help you organize the documentation a GAL will look for, plus preparation tips for home visits and parent interviews.

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