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 Delaware, when child custody, visitation, or support is contested, the court has the authority to appoint a guardian ad litem (GAL), who is often an attorney with experience 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 the child's life. The GAL has the power to subpoena witnesses and to examine and cross-examine them during court hearings. After completing their investigation, the GAL will report their findings and recommendations to the court, which can include testifying about the child's best interests based on their investigation. The court considers the GAL's recommendations when making decisions regarding custody, visitation, or support, but is not bound to follow them. The use of a GAL helps ensure that the child's voice and best interests are considered in the legal proceedings.