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 South Dakota, 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 expertise in family law. The primary role of the GAL is to represent the best interests of the child during legal proceedings. The GAL conducts an independent investigation, which includes interviewing the child, parents, and others in the child's life. They have the power to subpoena witnesses and to examine and cross-examine them during court hearings. The guardian ad litem compiles findings from the investigation and presents these, along with recommendations, to the court. The court considers the GAL's report and recommendations when making decisions regarding custody, visitation, or support to ensure outcomes that serve the child's welfare and needs.