Iowa Code

Iowa Code § 598.12 (2026)

Guardian ad litem for minor child

✓ current as of July 2026

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1. The court may appoint a guardian ad litem to represent the best interests of the minor child or children of the parties. The guardian ad litem shall be a practicing attorney and shall be solely responsible for representing the best interests of the minor child or children. The guardian ad litem shall be independent of the court and other parties to the proceeding and shall be unprejudiced and uncompromised in the guardian ad litem’s independent actions.

a. Unless otherwise enlarged or circumscribed by a court having jurisdiction over the child or by operation of law, the duties of a guardian ad litem with respect to a child shall include all of the following:

(1) Conducting an initial in-person interview with the child, if the child’s age is appropriate for the interview, and interviewing each parent, guardian, or other person having custody of the child.

(2) Maintaining regular contact with the child.

(3) Visiting the home, residence, or both home and residence of the child and any prospective home or residence of the child.

(4) Interviewing any person providing medical, mental health, social, educational, or other services to the child, prior to any court-ordered hearing.

(5) Obtaining knowledge of facts, circumstances, and parties involved in the matter in which the person is appointed guardian ad litem.

(6) Attending any depositions, hearings, or trials in the matter in which the person is appointed guardian ad litem, and filing motions or responses or making objections when necessary. The guardian ad litem may cause witnesses to appear, offer evidence, and question witnesses on behalf of the best interests of the child. The guardian ad litem may offer proposed or requested relief and arguments in the same manner allowed the parties by the court. However, the guardian ad litem shall not testify, serve as a witness, or file a written report in the matter.\n\nTue Dec 09 22:00:11 2025 Iowa Code 2026, Chapter 598 (41, 1) 7 DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS, §598.12A\n\n b. The order appointing the guardian ad litem shall grant authorization to the guardian ad litem to interview any relevant person and inspect and copy any records relevant to the proceedings, if not prohibited by federal law. The order shall specify that the guardian ad litem may interview any person providing medical, mental health, social, educational, or other services to the child; may attend any meeting with the medical or mental health providers, service providers, organizations, or educational institutions regarding the child, if deemed necessary by the guardian ad litem; may inspect and copy any records relevant to the proceedings; and shall specifically be authorized to communicate with any individual or person appointed by the court to conduct a home-study investigation. The parent, guardian, or other person having custody of the child shall immediately execute any release necessary to allow the guardian ad litem to effect the authorization granted under this paragraph.

2. The same person shall not serve both as the child’s attorney and as guardian ad litem, nor shall the same person serve both as the child and family reporter and as guardian ad litem.

3. The court shall enter an order in favor of the guardian ad litem for fees and disbursements as submitted by the guardian ad litem, and the amount shall be charged against the party responsible for court costs unless the court determines that the party responsible for court costs is indigent, in which event the amount shall be borne by the county. [C71, 73, 75, 77, 79, 81, §598.12; 82 Acts, ch 1250, §3] 83 Acts, ch 96, §157, 159; 2000 Acts, ch 1067, §1; 2005 Acts, ch 69, §34; 2017 Acts, ch 43, §2 Referred to in §598.10, 598C.310, 600B.40, 915.37 \n

Notes of Decisions

Cited in 45 cases (7 in the last 5 years), 1972–2025 · leading case: Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018).

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Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). · cites it 17× “See Iowa Code § 598.12 (1), (2)( a ) (enumerating duties and powers of the GAL or child's attorney); cf.”

In Re the Marriage of Williams, 303 N.W.2d 160 (Iowa 1981). · cites it 6× “One of the criteria a court may consider in deciding custody is the report or recommendation of an independent investigator or attorney for the child appointed under section 598.12. In re Marriage of Winter, 223 N.”

In Re Marriage of Burham, 283 N.W.2d 269 (Iowa 1979). · cites it 4× “In addressing this request, we are confronted with the *278 question: Do the duties of an attorney appointed pursuant to section 598.12, The Code, to represent the interests of minor children of the parties to a dissolution action extend to participation in the appellate…”

Boyes v. Boyes, 247 N.W.2d 265 (Iowa 1976). · cites it 8× “(3) The trial court erred in failing to appoint an attorney to represent the children of the parties in conformity with section 598.12, The Code, 1975. *267 I. Our review is de novo and before passing on the question of custody and the determination of the custody question…”

In Re the Marriage of Gravatt, 371 N.W.2d 836 (Iowa Ct. App. 1985). · cites it 4× “On appeal Bruce argued the trial court should not have accepted a report from the attorney for the minor children after the close of the evidence without allowing further evidence to be presented. We addressed this issue and held that the trial court utilized the attorney for…”

In re the Marriage of Joens, 284 N.W.2d 326 (Iowa 1979). · cites it 4× “However, we hold the record fails to establish her right to alimony. Accordingly we modify the decree by deleting all provisions for payment of alimony.”

In Re the Marriage of Bevers, 326 N.W.2d 896 (Iowa 1982). · cites it 2× “In the trial court an attorney for Brenda was appointed under Iowa Code section 598.12 (1981). Betty asserts that the trial court erred in its allocation of payment of fees for the attorney for Brenda.”

White v. Harper, 807 N.W.2d 289 (Iowa Ct. App. 2011). · cites it 2× “1996) (noting the child’s best interests are the governing consideration in a custody dispute and in making its decision, the court may appoint a guardian ad litem pursuant to Iowa Code section 598.12). We vacate the district court’s January 11, 2010 Order on Motions to Dismiss,…”

In Re the Marriage of Hoak, 364 N.W.2d 185 (Iowa 1985). · cites it 2× “21(4); and (3) provision for the appointment of counsel to represent the interest of the child, Iowa Code section 598.12. Inherent in this statutory scheme is the jurisdiction and authority of the court to protect the children’s financial interests.”

Fenton v. Webb, 705 N.W.2d 323 (Iowa Ct. App. 2005). · cites it 2× “”) This may include the appointment of a guardian ad litem pursuant to Iowa Code section 598.12. We affirm the district court’s entry of default judgment.”

In Re the Marriage of Schneckloth, 320 N.W.2d 535 (Iowa 1982). · cites it 2× “The record shows that the trial court exercised its authority to appoint an attorney for the minor child pursuant to section 598.12, The Code. We commend this procedure because we believe it is vital that the interests of a child be vigorously represented in any dispute…”

Scott Cnty. v. Iowa Dist. Court for Scott Cnty., 397 N.W.2d 754 (Iowa 1986). · cites it 21× “See Iowa Code § 598.12 (1), (2). After trial, the court granted Gail’s petition for modification and awarded her custody of the child.”

Show all 45 citing cases →

— Iowa Code § 598.12(1) — 7 cases

Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “See Iowa Code § 598.12 (1), (2)( a ) (enumerating duties and powers of the GAL or child's attorney); cf.”

In Re the Marriage of Gravatt, 371 N.W.2d 836 (Iowa Ct. App. 1985). “On appeal Bruce argued the trial court should not have accepted a report from the attorney for the minor children after the close of the evidence without allowing further evidence to be presented. We addressed this issue and held that the trial court utilized the attorney for…”

Scott Cnty. v. Iowa Dist. Court for Scott Cnty., 397 N.W.2d 754 (Iowa 1986). “See Iowa Code § 598.12 (1), (2). After trial, the court granted Gail’s petition for modification and awarded her custody of the child.”

In Re the Marriage of Gravatt, 365 N.W.2d 48 (Iowa Ct. App. 1985).

Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018).

— Iowa Code § 598.12(1)(a)(6) — 2 cases

Sydney Bowlin v. William Cody Swim (Iowa Ct. App. 2020).

In re the Marriage of Archer (Iowa Ct. App. 2018).

— Iowa Code § 598.12(2) — 4 cases

In Re the Marriage of Wiarda, 505 N.W.2d 506 (Iowa Ct. App. 1993).

Sydney Bowlin v. William Cody Swim (Iowa Ct. App. 2020).

Iowa Dep't of Human Servs. v. Iowa Dist. Court for Cherokee Cnty., 446 N.W.2d 794 (Iowa 1989).

— Iowa Code § 598.12(3) — 5 cases

Matter of Guardianship of Stodden, 569 N.W.2d 621 (Iowa Ct. App. 1997).

In re the Marriage of Barche (Iowa Ct. App. 2023).

In the Interest of G.D., Minor Child (Iowa Ct. App. 2021).

Sydney Bowlin v. William Cody Swim (Iowa Ct. App. 2020).

— Iowa Code § 598.12(4) — 3 cases

Jodi Lynn Erpelding v. Timothy John Erpelding, 917 N.W.2d 235 (Iowa 2018). “See Iowa Code § 598.12 (1), (2)( a ) (enumerating duties and powers of the GAL or child's attorney); cf.”

Jodi Lynn Erpelding v. Timothy John Erpelding, 911 N.W.2d 397 (Iowa 2018).

Sydney Bowlin v. William Cody Swim (Iowa Ct. App. 2020).

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