Custody

In a custody and visitation case or a divorce case involving children, the judge may appoint one or more of the following professionals:

• guardian ad litem;
• attorney for the child;
• child custody investigator; and
• child and family reporter.¹

A guardian ad litem is a lawyer assigned to represent the best interest of your child.² His/her job is to convince the judge to do what s/he thinks is in the child’s best interest. 

An attorney for the child is a lawyer assigned to represent your child.³ His/her job is to convince the judge to do what his/her client, the child, wants. 

A guardian ad litem and an attorney for the child participate similarly in the court case. Both generally interview the child and the child’s parents or guardian. They may have regular contact with your child while the case is going on. They may also interview your child’s teachers, doctors, or other service providers and review and copy relevant records. They come to the court dates and may file papers, present evidence, question witnesses, and so on.⁴

A child custody investigator or child and family reporter is a professional assigned by the judge to get information about both parents’ home conditions, parenting abilities, and other things related to the child and what’s in the child’s best interest. The investigator or reporter writes a report and submits it to the court. The parents and their lawyers can also read the report. Usually, this report becomes part of the court record in the case.⁵

If the judge assigns any of these professionals to be part of your case, one or both of the parents may have to pay for it. However, if a parent is indigent, meaning if his/her income is below a certain amount, the county may pay.⁶

¹ IA ST §§ 600B.40(4); 598.12; 598.12A; 598.12B
² IA ST § 598.12
³ IA ST § 598.12A
⁴ IA ST §§ 598.12; 598.12A
⁵ IA ST § 598.12B
⁶ IA ST §§ 598.12; 598.12A; 598.12B