Utah Private Guardian ad Litem Services—Available in Utah County and Salt Lake County

An Independent Attorney Focused on the Child’s Best Interests

When parents sharply disagree about custody, parent-time, safety, or a child’s needs, the court may have difficulty determining what is actually happening from the competing accounts of the adults.

A private attorney guardian ad litem, commonly called a private GAL or PGAL, is a court-appointed attorney who represents the best interests of the child. The PGAL does not represent either parent and is not hired to prove one parent right or the other parent wrong.

Heather Seegmiller accepts qualifying private guardian ad litem appointments in district-court family-law matters throughout Utah. Much of the investigation, record review, communication, and court participation can be handled electronically, making statewide service possible even when the parties and children live outside the Wasatch Front.

Attorneys and parents may contact SeegLaw regarding Heather’s availability for a proposed Utah PGAL appointment.

What Does a Private Guardian ad Litem Do?

A PGAL provides the child with independent legal representation when custody, parent-time, abuse, neglect, safety, or other significant child-related issues are before the district court.

Utah law requires a PGAL to conduct or supervise an ongoing independent investigation to develop a firsthand understanding of the child’s circumstances and needs. 

The PGAL’s work may include:

• Meeting personally with the child;
• Interviewing each parent;
• Interviewing teachers, therapists, medical providers, relatives, stepparents, caregivers, and other relevant individuals;
• Reviewing school, medical, psychological, law-enforcement, and other relevant records;
• Reviewing pleadings, court orders, communications, photographs, recordings, and other evidence;
• Observing relevant interactions when appropriate;
• Identifying the child’s expressed wishes;
• Evaluating the child’s safety, stability, emotional needs, and important relationships;
• Participating in mediation, settlement discussions, hearings, and trial;
• Filing appropriate pleadings or motions on behalf of the child; and
• Advocating for orders that serve the child’s best interests.

Utah law specifically requires a PGAL to independently investigate, interview witnesses, review relevant family and child records, and personally meet with the child unless a recognized exception applies.

The PGAL Represents the Child—not Either Parent

A PGAL is not:

• An attorney for the mother;
• An attorney for the father;
• A mediator between the parents;
• A therapist;
• A custody evaluator hired by one side;
• A messenger for routine co-parenting disputes; or
• A tool for punishing the other parent.

The PGAL’s client is the child for purposes of the court appointment, and the PGAL must advocate for the child’s best interests until released by the court.

Parents may agree with some conclusions and disagree with others. The PGAL’s responsibility is not to reach a result that pleases either parent. It is to provide independent representation centered on the child.

Utah law also provides that a PGAL may not presume that a child and the child’s parent are adversaries and must respect parents’ fundamental rights and Utah’s policy favoring family preservation and unification where possible.

The Child’s Wishes and the Child’s Best Interests

A child’s wishes can be important, but they do not always determine the PGAL’s position.

The weight given to a child’s preferences may depend on factors such as:

• The child’s age and maturity;
• Whether the preference is consistent;
• The reasons for the preference;
• Whether the child appears pressured or influenced;
• The child’s understanding of the consequences;
• Safety considerations;
• The strength of the child’s relationships with each parent; and
• The child’s educational, emotional, physical, and developmental needs.

If the child’s wishes differ from the PGAL’s determination of the child’s best interests, Utah law requires the PGAL to communicate both to the court, subject to limited circumstances in which the child has instructed the PGAL not to disclose the child’s wishes.

The PGAL should therefore listen carefully to the child without placing the burden of deciding the case on the child.

When May a Private Guardian ad Litem Be Appointed?

A Utah district court may appoint a PGAL when:

• Custody of a child is at issue;
• Parent-time is at issue;
• Child abuse, sexual abuse, or neglect is alleged in a qualifying proceeding;
• Significant concerns exist regarding the child’s safety or emotional welfare;
• The child’s interests may not be adequately presented through the competing positions of the parents; or
• The court determines that independent representation of the child would assist in resolving specified child-related issues.

The court must identify the need and basis for the appointment and specify the issues in which the PGAL will participate. Those issues may include custody and the parent-time schedule.

A PGAL is not necessary in every contested custody case. Appointment is most useful when independent investigation and advocacy for the child are likely to provide information or perspective that the court would not otherwise receive.

How Is a PGAL Appointed?

A parent does not simply retain a PGAL as personal counsel.

The district court enters an appointment order directing that a private attorney guardian ad litem be assigned through Utah’s Guardian ad Litem Office. The parties may jointly request or stipulate to a qualified PGAL, subject to the statutory assignment and appointment process and the attorney’s availability.

The appointment order should identify:

• The child or children represented;
• The specific issues included in the appointment;
• The allocation of the PGAL’s fees and retainer between the parties;
• Whether the appointment is paid, reduced-fee, or pro bono; and
• Any additional directions from the court.

Under Utah’s current administrative rule, the court’s order is sent to the PGAL Program, and the Guardian ad Litem Office assigns an eligible attorney if one is available.

Attorneys and parents interested in requesting Heather’s appointment should contact SeegLaw before submitting a proposed stipulation or order so availability and potential conflicts can be checked.

What Issues May the PGAL Investigate?

The scope depends on the court’s appointment order. 

Potential issues may include:

• Legal and physical custody;
• Parent-time schedules;
• Allegations of abuse or neglect;
• Domestic violence and its effect on the child;
• A child’s emotional or behavioral needs;
• Educational concerns;
• Medical or mental-health treatment;
• A parent’s substance use;
• A parent’s mental or physical condition as it affects the child;
• Exposure to unsafe individuals or environments;
• Repeated interference with parent-time;
• A child’s resistance or refusal to attend parent-time;
• Claims of parental influence or pressure;
• Relocation;
• Sibling relationships;
• Communication between the parents;
• The need for therapeutic services;
• Supervised exchanges or parent-time;
• A child’s expressed wishes; and
• Other matters identified by the court.

The PGAL’s investigation should remain connected to the issues specified in the appointment order. The role is not an unrestricted investigation into every complaint the parents have ever made about one another.

What Happens During a PGAL Case?

1. Court Appointment and Assignment

The court enters an order appointing a private attorney guardian ad litem, and the Guardian ad Litem Office assigns an eligible attorney. The PGAL files a notice of appearance after accepting the appointment.

2. Introductory Communication

The PGAL explains the role, scope of appointment, communication expectations, record-request process, and applicable financial arrangements.

3. Review of the Case

The PGAL reviews the pleadings, relevant orders, allegations, disputed issues, and information already available to the court.

4. Meetings and Investigation

The PGAL meets with the child and parents and may contact other individuals or obtain records relevant to the child’s needs and the issues identified by the court.

5. Participation in Resolution Efforts

The PGAL may participate in mediation or settlement discussions when doing so may help the parties reach child-focused agreements.

6. Court Advocacy

When the case does not resolve, the PGAL participates in hearings and trial, presents the child’s position and best-interest analysis, and may examine witnesses, submit evidence, and make legal arguments.

7. Conclusion of the Appointment

The PGAL continues representing the child until formally released by the court. Utah law generally directs courts to resolve the specified issues and terminate the appointment within one year, unless the court finds a compelling reason for an extension.

How Does a PGAL Communicate With the Court?

The PGAL is an attorney participating in the litigation—not simply an informal source of information.

When making a best-interest recommendation at a hearing, the PGAL must disclose the factors forming the basis of that recommendation. 

Depending on the case and procedural posture, the PGAL may:

• File motions;
• Participate in discovery;
• Examine and cross-examine witnesses;
• Present evidence;
• Participate in mediation;
• Make legal arguments;
• Inform the court of the child’s wishes;
• Advocate for interim protections; and
• Propose child-focused terms for final orders.

The PGAL’s role should not be confused with that of a custody evaluator. A custody evaluator generally conducts a specialized evaluation and provides expert opinions. A PGAL provides legal representation for the child’s best interests and participates as an attorney in the case. A PGAL is an attorney for a party, and cannot be called to testify as a witness.

What Parents Can Expect

Parents should expect the PGAL to seek relevant information from both sides.

A parent can help the process by:

• Responding timely and respectfully;
• Providing organized records rather than large amounts of unexplained material;
• Distinguishing child-related concerns from marital grievances;
• Avoiding efforts to coach the child;
• Supporting the child’s freedom to have healthy relationships when safe;
• Following existing court orders;
• Being honest about strengths and concerns in both households;
• Providing requested releases and contact information; and
• Keeping the PGAL informed of major developments affecting the child.

Repeatedly contacting the PGAL about minor disagreements may increase fees and distract from the issues the court appointed the PGAL to address.

The PGAL must maintain independence and cannot give either parent private legal advice about that parent’s own rights or litigation strategy.

Fees and Payment

The court determines how the PGAL’s fees and initial retainer are allocated between the parties.

Heather's rate for a party-stipulated appointment is $300/hour with a $3,000 retainer. The court apportions the retainer and fees between the parties.

Sometimes the parties each pay one-half of the PGAL's fees. Sometimes, the court orders a different division of fees.

Because the PGAL represents the child rather than either parent, payment of a greater share of the fees does not give a parent greater influence over the PGAL’s investigation or position.

Utah PGAL Services in Utah County and Salt Lake County

Heather accepts qualifying appointments in Utah and Salt Lake Counties, subject to availability, conflicts, the scope of the appointment, travel requirements, and assignment through the Guardian ad Litem Office.

Interviews, attorney conferences, record review, and many court proceedings may be completed electronically. In-person meetings with the child and travel may still be required depending on the circumstances and governing requirements.

Request Availability for a PGAL Appointment

Attorneys or parents may contact SeegLaw when:

• The parties are considering stipulating to a PGAL;
• A motion for appointment is being evaluated;
• The court has directed the parties to identify possible PGALs;
• A child’s needs are not being adequately presented through the parents’ positions;
• Custody or parent-time allegations require independent investigation;
• The case involves significant safety or emotional-welfare concerns; or
• A qualified statewide PGAL is needed.

Contacting SeegLaw does not appoint Heather as PGAL. Appointment requires a court order and assignment through the Utah Guardian ad Litem Office.

Utah private guardian ad litem services—independent representation focused on the child’s best interests.