What is a Private Guardian ad Litem?

A Private Guardian ad Litem (PGAL) is a specially trained attorney who represents the best interests of children in certain family court cases in Utah. Unlike the state Guardian ad Litem program that handles abuse and neglect cases in juvenile court, a PGAL works specifically in district court family law proceedings where custody, visitation, or allegations of abuse are involved.


When is a PGAL Appointed?


Under Utah Code § 78A-2-705, a court may appoint a PGAL in district court cases when:


  • Child abuse, child sexual abuse, or neglect is alleged in any proceeding, and the court finds that the adult parties are not indigent; or
  • The custody of, or parent-time with, a child is at issue


PGALs work in district court high-conflict cases involving issues of custody or visitation, or where there may be allegations of abuse or neglect of a child.


How Does the Appointment Process Work?


The appointment can happen in two ways:


By Stipulation: If both parties agree on a specific PGAL, the Office of Guardian ad Litem will assign that attorney to the case.


By Court Order: If parties don't agree or the preferred PGAL is unavailable, the court will issue an order appointing a PGAL to be assigned by the Office of Guardian ad Litem.


The court must make findings regarding the need and basis for appointing a PGAL and specify which issues the PGAL will address in the case.


What Does a PGAL Do?


The PGAL's primary responsibility is to represent the best interests of the child, which includes:


  • Conducting an independent investigation to understand the child's situation and needs
  • Interviewing witnesses and reviewing relevant records (medical, psychological, school records)
  • Meeting with and interviewing the child (when age-appropriate and not detrimental)
  • Determining the child's goals and concerns regarding custody and visitation
  • Keeping the child informed about what's happening in their case
  • Attending hearings and conferences to protect the child's best interests


The PGAL may make recommendations to the court that differ from what the child desires. In such cases, the PGAL will communicate both the child's wishes and their own professional recommendations to the court.


Who Can Serve as a PGAL?


PGALs are Utah attorneys who have applied to become eligible through a specialized application and training program administered by the Utah Office of Guardian ad Litem. Because children are involved, the Office screens applicants to ensure they demonstrate the necessary ability and proficiency to represent children in district court proceedings.


PGALs are typically attorneys with substantial experience in family law who have met minimum qualifications and completed specialized training. They are overseen by a committee and must take a certain percentage of cases pro bono.


How Much Does a PGAL Cost?


The fees and expenses for a PGAL are paid by the parties involved in the case. Typically, the PGAL charges a retainer fee and bills at an hourly rate. The court divides payment responsibility equitably among the parties based on their respective financial resources.

If a party claims to be indigent, the court will follow specific procedures to determine what amount, if any, that party must pay toward the PGAL's fees and expenses.


How Long Does the Appointment Last?


The court aims to resolve PGAL cases efficiently. Generally, the court will issue a final order within one year of the PGAL's appointment, resolving the specific issues for which the PGAL was appointed and terminating their involvement in the case.

The appointment may be terminated earlier if nothing happens on the case for six consecutive months or if the court determines (with input from the PGAL) that the child no longer needs their services.


Important Distinctions


It's crucial to understand that a Private Guardian ad Litem is different from the state Guardian ad Litem program. While the state GAL program primarily handles abuse and neglect cases in juvenile court, PGALs work specifically in district court family law cases involving custody disputes and related issues. The PGAL program was developed to handle these family court cases while allowing the state GAL office to focus on child protection cases.


The Child's Voice in Court


The PGAL serves as the child's advocate, ensuring their perspective is heard in court proceedings. However, the PGAL's ultimate obligation is to advocate for what they determine to be in the child's best interests, which may sometimes differ from what the child specifically wants.

Understanding the role of a Private Guardian ad Litem can help families navigate difficult custody situations with greater clarity about how their child's interests will be protected throughout the legal process.


This information is provided for educational purposes only and does not constitute legal advice. For specific guidance about your situation, please consult with a qualified child custody attorney.


This information is provided for educational purposes only and does not constitute legal advice. For specific guidance about your situation, please consult with a qualified child custody attorney.