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Witnesses press for stronger oversight of guardian ad litems and evidentiary protections in custody cases
Summary
Multiple witnesses at a House judiciary subcommittee hearing urged the legislature to tighten qualifications, oversight and payment structures for guardians ad litem and to require evidentiary hearings when safety concerns are raised, arguing current practice can bias outcomes and increase costs.
During testimony on two shared‑parenting bills, a recurring and crosscutting theme was concern about guardian ad litem (GAL) practice, pay and oversight. Several parents and advocates said GALs can wield decisive influence in custody outcomes while operating with limited licensing and inconsistent standards.
Carlton Walker, whose testimony opened the afternoon session, said guardians in his case billed "over $390,000" and described a system he called incentivized to prolong conflicts. Several other witnesses described similar experiences: they said GAL reports sometimes contained errors, delayed or omitted home visits and shaped judges’ temporary orders or final decrees without clear written findings.
Family‑law attorneys acknowledged the GAL role but urged regulation rather than elimination. Jennifer Creech and Chris Patton described the guardian as a court investigator and emphasized the need for better training and oversight so judges receive reliable factfinding. Jordan Massey urged the committee to consider licensing and a regulatory board and to require an evidentiary hearing before a final custodial ruling in cases alleging abuse, neglect or other safety concerns.
Lawmakers and staff in the room flagged several concrete proposals raised at the hearing: clearer qualifications for GAL appointments, mechanisms for monitoring and removing biased or negligent GALs, standardized reporting that requires explicit factual findings in final orders, and pilot changes to how GALs are compensated (for example, a state salary or flat fee instead of open hourly billing). Committeemembers asked staff to compile written testimony and to draft amendments that reflect the concerns raised.
No statutory language was adopted at the April 24 session. The subcommittee agreed to accept additional written comments and to reconvene after staff and members draft amendment options addressing GAL oversight, evidentiary‑hearing thresholds and form‑order practices.
