When child custody, visitation, or support is contested in a divorce or other legal proceeding, courts may appoint a guardian ad litem (often an attorney with experience in family law matters) to investigate and make independent, objective recommendations to the court of what is in the best interest of the child. The guardian ad litem will typically interview the child, the parents, and other people who have contact with the child, and may subpoena witnesses to testify at court hearings, examine and cross-examine witnesses at hearings. The guardian ad litem may also testify regarding her investigation of the circumstances, conclusions, and recommendations to the court.
In Colorado, when child custody, visitation, or support is contested, the court may appoint a guardian ad litem (GAL), often an attorney with expertise in family law, to represent the best interests of the child. The role of the GAL is to conduct an independent investigation, which includes interviewing the child, parents, and others in contact with the child. The GAL has the authority to subpoena witnesses and participate in court hearings, including examining and cross-examining witnesses. After completing their investigation, the GAL will report their findings and make recommendations to the court regarding the child's welfare. The court considers the GAL's recommendations when making decisions about custody, visitation, and support, but is not bound to follow them. The appointment and responsibilities of a GAL in Colorado are governed by state statutes and rules of procedure, which ensure that the child's interests are a primary concern in contested family law proceedings.