A guardian ad litem (often shortened to GAL) is a person a Montana court appoints to represent a child's interests in a parenting case. A parenting evaluation is a court-ordered investigation and written report about parenting arrangements. Both exist to give the judge information beyond what two parents who disagree can provide. This page explains each one and is part of our Montana Divorce Guide.
What a Guardian ad Litem Is
Under MCA § 40-4-205(1), the court "may appoint a guardian ad litem to represent the interests of a minor dependent child with respect to the child's support, parenting, and parental contact." The guardian ad litem may be an attorney but does not have to be. The county attorney, a deputy county attorney, and the Department of Public Health and Human Services or its staff may not be appointed.
A guardian ad litem is not the lawyer for either parent and does not take instructions from them. The statute describes the role as representing the child's interests and making recommendations to the court.
A Guardian ad Litem's Duties
The general duties are listed in MCA § 40-4-205(2):
- to conduct the investigations the guardian ad litem considers necessary to ascertain the facts;
- to interview or observe the child;
- to make written reports to the court;
- to appear and participate in all proceedings to the degree necessary to adequately represent the child, and to make recommendations to the court; and
- to perform other duties as directed by the court.
To do that work the guardian ad litem has access to court, medical, psychological, law enforcement, social services, and school records about the child and the child's siblings and parents or caretakers (MCA § 40-4-205(3)). Expect to be asked for records and for the names of people who know your child.
Court-Ordered Investigations and Reports
MCA § 40-4-215 is the source of what people call a parenting evaluation or custody evaluation. If a parent or a court-appointed third party requests it, or if the court finds that a parenting proceeding is contested, the court may order "an investigation and report concerning parenting arrangements for the child." The investigator may be the child's guardian ad litem or another professional the court considers appropriate.
The court decides how much evaluation the case needs. Under subsection (2), the level of evaluation may include one or more of the following: parenting education, mediation, factfinding by the investigator, and psychological evaluation of the parties.
In preparing a report, the investigator may consult anyone who has information about the child and the possible parenting arrangements, and on court order may refer the child to professionals for diagnosis. The investigator may obtain information from medical, psychiatric, or other experts who have served the child in the past. If the child is 16 or older, the child's consent is required unless the court finds the child lacks the mental capacity to consent (MCA § 40-4-215(3)).
Guardian ad Litem and Investigation Compared
| Guardian ad litem | Investigation and report | |
|---|---|---|
| Statute | MCA § 40-4-205 | MCA § 40-4-215 |
| When | Whenever the court chooses to appoint one | If a parent or court-appointed third party requests it, or the court finds the parenting proceeding is contested |
| Role | Represents the interests of the child on support, parenting, and parental contact | Investigates and reports on parenting arrangements for the child |
| Who | May be an attorney. Not the county attorney or DPHHS staff | The child's guardian ad litem or another professional the court considers appropriate |
| Report | Written reports to the court, mailed at least 10 days before the hearing | Report mailed at least 10 days before the hearing, with the underlying file made available |
| Cost | Ordered against either or both parents. Waived if the responsible party is indigent | Paid according to the final order |
Who Pays
For a guardian ad litem, the court "shall enter an order for costs and fees in favor of the child's guardian ad litem." The order must be made against either or both parents, and if the responsible party is indigent the costs must be waived (MCA § 40-4-205(4)). How the cost is split between two parents is for the judge.
For an investigation and report, the cost "must be paid according to the final order" (MCA § 40-4-215(1)). The statute separately provides that the cost of the parenting education component is paid by the state. The Department of Public Health and Human Services may be ordered to do an investigation only in narrow circumstances involving a requesting person who receives cash assistance or food assistance and has exhausted other options for payment.
We do not quote what a guardian ad litem or evaluator charges, because that depends on the professional and the amount of work. A court may also order one party to pay a reasonable amount toward the other's professional fees after considering both parties' financial resources (MCA § 40-4-110(1)).
How the Report Is Used
The statutes build in notice and a chance to respond:
- The report must be mailed to counsel and to any unrepresented party at least 10 days before the hearing (MCA §§ 40-4-205(5), 40-4-215(4)).
- For an investigation, the investigator must make available the file of underlying data and reports, the complete texts of diagnostic reports, and the names and addresses of everyone consulted, when consistent with state and federal law.
- If those requirements are met, the investigator's report may be received in evidence at the hearing (MCA § 40-4-215(3)).
- Any party may call the investigator and any person the investigator consulted for cross-examination, and a party may not waive that right before the hearing.
- The results of the investigation are included in the court record and may, without objection, be sealed.
A report is not a ruling. The judge determines the parenting plan under the best interest factors, and a recommendation is evidence toward that decision. If you disagree with a report, the place to say so is at the hearing, through testimony, records, and cross-examination. See what happens at a divorce hearing.
Working With a Guardian ad Litem or Evaluator
A few plain points apply to either parent:
- Be accurate. Give complete information, including facts that do not favor you.
- Respond to requests for records and releases on time.
- Keep the focus on your child's needs and routines rather than on the other parent's faults.
- Do not coach your child on what to say. See does my child get to choose.
- Raise safety concerns directly and with whatever documentation you have.
If there has been abuse, tell the guardian ad litem or investigator and your lawyer. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. Our Montana Domestic Violence Guide has more.
Misty Gaubatz of A&M Law has served as a guardian ad litem. For how these tools fit into the larger process, see parenting plans in Montana or our parenting plan practice page.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.