Alaska R. Civ. P. 90.7 (2026)

Rule 90.7. Appointment of Guardian Ad Litem in Child Custody Proceedings. (a) When Guardian Ad Litem May Be Appointed. In an action under AS 25.20, 25.24, or 18.66 involving custody, support, or visitation of a child, the court may appoint a guardian ad litem for the child only when the court finds separate representation of the child’s best interests is necessary, such as when the guardian ad litem may be expected to present evidence not otherwise likely to be available or presented, or the proceeding is unusually complex. Commentary.—AS 25.24.310 authorizes the court to appoint a guardian ad litem in any action involving custody, support, or visitation of a child. AS 25.24.310(c) states in part: “Instead of, or in addition to, appointment of an attorney under (a) of this section, the court may, upon motion of either party or upon its own motion, appoint an attorney or other person or the office of public advocacy to provide guardian ad litem services to a child in any legal proceeding involving the child’s welfare. The court shall require a guardian ad litem when, in the opinion of the court, representation of the child’s best interests, to be distinguished from preferences, would serve the welfare of the child.” Courts should not routinely appoint guardians ad litem in custody, support, and visitation proceedings. In most instances, the child’s best interests are adequately protected and presented by the parties. In most contested proceedings in which professional input is warranted, a child custody investigator should be appointed instead of a guardian ad litem. The child custody investigator can provide the court and the parties with an independent analysis of the dispute and may serve as a catalyst to settlement without adding another party to the proceeding. (b) Qualifications. (1) A guardian ad litem should possess knowledge, skill, experience, training, or education that allows the guardian ad litem to conduct a thorough and impartial investigation and effectively advocate for the best interests of the child. Specifically, the guardian ad litem should have an understanding of the following as appropriate to the case: (A) child development from infancy through adolescence; (B) impact of divorce and parental separation on a child; (C) unique issues related to families involved in custody disputes; (D) domestic violence and substance abuse and their impact on children; (E) Alaska statutes, rules, and supreme court decisions relating to custody, support, and visitation; (F) the ability to communicate effectively with children and adults; and (G) other qualifications appropriate to the particular case. Further, the guardian ad litem should possess the knowledge and skills to effectively negotiate settlements on behalf of the child and to effectively advocate the child’s best interests in contested litigation. (2) Upon request of a party, a guardian ad litem or prospective guardian ad litem shall provide to the parties a written summary of relevant education and experience. (c) Appointment Order. An order appointing a guardian ad litem must include findings why the appointment is necessary and must set forth the role of the guardian ad litem, the duties to be performed by the guardian ad litem in the case, deadlines for completion of these duties to the extent appropriate, the duration of the appointment, and compensation as provided in paragraph (m). If the court denies a motion for appointment of a guardian ad litem, the court must make findings to explain the denial. An order appointing a guardian ad litem should authorize the guardian ad litem access, without further release, to all confidential and privileged records of the child, including but not limited to psychiatric records, psychological treatment records, drug and alcohol treatment records, medical records, evaluations, law enforcement records, and school records. Commentary. —If the court determines that the appointment of a guardian ad litem is appropriate in a particular case, the court may ask the parties to suggest individuals for appointment. There is no right to a peremptory change of a guardian ad litem. Allegations that a guardian ad litem appointment is

unnecessary, that a particular appointee is unqualified or otherwise unsuitable, or that an appointee is or has become biased should be addressed by trial courts through motion practice. The appointment order should authorize the guardian ad litem to review confidential and privileged records pertaining to the child. To review records pertaining to a parent, the guardian ad litem must file a motion requesting access to those records unless the parent agrees to sign a release. (d) Disclosure of Conflicts. The guardian ad litem shall disclose any relationships or associations between the guardian ad litem and any party which might reasonably cause the guardian ad litem’s impartiality to be questioned. This disclosure must be made no later than 10 days after appointment. (e) Role of Guardian Ad Litem. The guardian ad litem shall represent and advocate the best interests of the child. The court may appoint an attorney to advise or represent a non- attorney guardian ad litem if the court finds that legal advice or legal representation of the guardian ad litem is necessary to represent the child’s best interests. The guardian ad litem shall be treated as a party to the proceeding for all purposes, except as otherwise provided in this rule. Commentary.—When custody is contested, the court has discretion to appoint a custody investigator, a guardian ad litem, and/or an attorney for the child. See AS 25.24.310(a), (c). The roles of a custody investigator, a guardian ad litem, and an attorney for the child are different and must be clearly distinguished: ■ custody investigator: A custody investigator is an expert witness appointed by the court. The custody investigator’s duty is to conduct a thorough investigation and give an expert opinion on the custody arrangement that is in the best interests of the child. A custody investigator does not participate in court proceedings, other than to testify as an expert witness. ■ guardian ad litem: A guardian ad litem has the duty to conduct a thorough factual investigation. Based on this investigation, the guardian ad litem must decide what course of action is in the child’s best interests. The guardian ad litem must then advocate this course of action, regardless of whether the child agrees with the guardian ad litem’s position. The guardian ad litem participates as a party in court proceedings that affect the child, but only testifies in exceptional circumstances and then only as to factual matters. The guardian ad litem never testifies as an expert witness. The guardian ad litem must be served with copies of all pleadings and papers relating to the child, see Civil Rule 4(i), and must be given notice of all court appearances and conferences involving issues that affect the child. The guardian ad litem’s rights include the right to appear and participate at hearings, engage in motion practice, conduct discovery, introduce evidence, examine and cross-examine witnesses, make objections, and make opening statements and closing arguments. The guardian ad litem’s advocacy need not be confined to custody and visitation issues. If included within the scope of the appointment, the guardian ad litem should be prepared to participate in decisions about any special education or psychological needs of the child (such as counseling) and child support and other financial issues related to the child. ■ attorney for child: A child’s attorney represents the child, and it is the child who ultimately decides what position will be advocated in court. The attorney’s duty is to conduct a thorough investigation, advise and consult the client, and zealously advocate the client’s position in court. See Wagstaff v. Superior Court, 535 P.2d 1220 (Alaska 1975) (concerning child’s right to select attorney when child’s interests are hostile to parents’ interests). The court may appoint an attorney to advise or represent a non-attorney guardian ad litem. If the court takes this action, the court should take care to specify the scope and duration of the appointment and the attorney’s compensation. (f) Duty to Investigate. The guardian ad litem shall investigate the pertinent facts of the case. (1) The guardian ad litem shall review and consider any child custody investigation already conducted in the case and confer with the investigator. The guardian ad litem shall promptly conduct any further investigation necessary to carry out the order of appointment. (2) If no child custody investigation has been done, the guardian ad litem shall either conduct an appropriate investigation or arrange for a custody investigation under Civil