Understanding the Role of a Guardian Ad Litem in Nebraska

What Does a GAL Do?

A Guardian Ad Litem is a court-appointed attorney tasked with representing the best interests of the child in Juvenile Court cases. GALs do not represent the child’s legal wishes but instead advocate for outcomes that promote the child’s safety, stability, and well-being.

For a newly licensed attorney in Nebraska, receiving a court appointment as a Guardian Ad Litem (GAL) is both an honor and a challenge. Although Nebraska doesn’t have a single comprehensive GAL manual, the role is guided by a combination of statutes, Nebraska Supreme Court guidelines, case law, ethics opinions, and continuing legal education (CLE) requirements.

Understanding the “Best Interests of the Child” Standard

In Nebraska, a GAL’s primary duty is to advocate for the best interests of the child—a standard that is case-specific and depends on individual circumstances. A GAL must thoroughly investigate each case, gathering evidence and insights to understand the factors affecting the child’s well-being.

Legal Powers and Responsibilities of a Guardian Ad Litem

What Legal Authority Does a GAL Have?

  • Full authority to investigate a child’s circumstances

  • Access to case records, school reports, and medical records

  • The ability to interview parents, teachers, social workers, and doctors

  • The responsibility to make recommendations to the court regarding custody, placement, or safety concerns

This broad authorization ensures that the GAL can assess all aspects of the child’s life, including educational neglect, abuse, foster care placement, and other legal concerns.

Building Trust: The First Visit and Ongoing Contact

Per Nebraska’s guidelines, a GAL should conduct an initial visit within 14 days of their appointment. Timely contact helps the child understand the GAL’s role and builds rapport.

Where to meet the child?

Because legal proceedings can be stressful for children, a GAL should prioritize minimizing disruptions while maintaining regular contact. GALS typically choose a setting that feels neutral and safe, such as:

  • A public library (neutral and safe space)

  • School (if appropriate and permitted)

  • Foster home or guardian’s residence (ensuring safety)

Frequency of visits

Check-ins should occur at least every six months, though more frequent visits are encouraged to ensure the child has ongoing advocacy.

Active Legal Representation in Juvenile Court

A Guardian Ad Litem is required to:

Remaining actively engaged in a child’s legal process ensures that no critical details are overlooked, and that the child's voice is heard in court.

Essential Tips for Guardian Ad Litem Success

1. Build Trust with the Child

  • Make regular visits and establish a supportive presence.

  • Be an advocate, not just a legal representative.

2. Stay Connected with Caseworkers and caregivers

  • Maintain open communication with social workers, foster parents, and school counselors.

  • Attend all Family Team Meetings for case updates.

3. Keep Detailed Records

  • Track addresses, phone numbers, and placement changes.

  • Follow up on court orders and safety plans.

4. Advocate Effectively in Court

  • Provide clear, evidence-based recommendations to the judge.

  • File necessary motions to ensure the child’s needs are met.

5. Commit to Ongoing Education

  • Attend CLEs related to juvenile law, trauma-informed advocacy, and Nebraska-specific GAL standards. Ask questions. Seek mentorship.

Why Do Guardian Ad Litems Matter?

A Guardian Ad Litem plays a critical role in child advocacy—ensuring that every decision made in Juvenile Court prioritizes the child’s safety, stability, and well-being.

  • Thorough investigations ensure no child’s needs are overlooked.

  • Active courtroom advocacy gives children a voice in legal decisions.

  • Consistent engagement can make a life-changing impact.

For new attorneys in Nebraska, serving as a GAL is both a privilege and a responsibility—one that requires dedication, legal knowledge, and a deep commitment to advocating for vulnerable children.


Need a GAL or legal support in Juvenile Court?

McGill Law’s experienced attorneys can help. Contact us today or learn more about our Juvenile Court Services. Contact us today to learn more about our Juvenile Court Services.


About the Author
Krista Holzworth is an Associate Attorney at McGill Law in Omaha, Nebraska. Her work focuses on representing children and families in Juvenile Court with compassion, clarity, and integrity. Krista is a trained Guardian Ad Litem and a strong advocate for trauma-informed legal representation.

Frequently Asked Questions About Guardians ad Litem in Nebraska

What is a Guardian ad Litem (GAL)?
A Guardian ad Litem is a court-appointed attorney responsible for representing the best interests of a child in Juvenile Court proceedings. They do not represent the child’s legal wishes, but rather their safety, stability, and well-being.
Does a GAL act as the child's attorney?
Not exactly. A GAL advocates for what is in the child's best interest, even if it differs from the child’s expressed preferences. Their role is to advise the court, not to follow client instructions.
How often should a GAL visit the child?
Nebraska guidelines recommend a first visit within 14 days of appointment and ongoing check-ins at least every six months—or more frequently, depending on the child’s needs and case complexity.
Can a GAL recommend custody or placement?
Yes. GALs provide written or oral recommendations to the judge regarding custody, visitation, placement, and safety concerns based on their investigation.
What qualifications are required to be a GAL in Nebraska?
GALs must be licensed attorneys who complete training required by the Nebraska Supreme Court, including ongoing CLE hours focused on juvenile law and trauma-informed advocacy.