About Guardians Ad Litem for Children

The Office of the Executive Secretary of the Supreme Court of Virginia maintains a list of attorneys admitted to practice law in Virginia who satisfy the Standards to Govern the Appointment of Guardians Ad Litem for Children adopted by the Judicial Council of Virginia pursuant to Virginia Code § 16.1-266.1 . This list of attorneys who are qualified to serve as guardians ad litem for children is made available online and is also distributed electronically to the juvenile and domestic relations districts courts.

The appointment of a GAL by a juvenile and domestic relations district court is mandatory in certain cases and permissive in others. Virginia Code § 16.1-266 provides that a juvenile and domestic relations district court shall appoint a GAL in any case involving a child who is:

alleged to be abused or neglected.
the subject of an entrustment agreement.
the subject of a petition seeking termination of residual parental rights.
the subject of a proceeding where the parent(s) seeks to be relieved of the child’s care or custody.

A juvenile and domestic relations district court shall also appoint a GAL in cases involving a child who is:

the subject of a foster care plan review or a hearing to review the child’s status in foster care. Virginia Code § 16.1-281.
seeking emancipation. Virginia Code § 16.1-332.
the subject of a proceeding by parents seeking to commit an objecting minor, 14 years of age or older, to a psychiatric facility. Virginia Code § 16.1-339.
the subject of a petition for involuntary commitment. Virginia Code § 16.1-341.

The court may appoint a GAL in other cases, which in the discretion of the court require a GAL. Virginia Code § 16.1-266. These include certain custody cases where parents or persons claiming custody are represented by counsel (Virginia Code § 16.1-266), as well as those cases in which a petition is filed by a juvenile seeking judicial authorization for a physician to perform an abortion (Virginia Code § 16.1-241).

The circuit court may appoint a GAL for a child in a custody, visitation or support case incident to divorce proceedings and in appeals of cases from the juvenile court.