Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 47 keeps guardian ad litem appointments out of the routine, names the two situations that require one, and sets what the appointing order, the guardian and the report must do.
(a)Appointment of Guardian Ad Litem. — Courts shall not routinely assign guardians ad litem for children in a domestic relations case. Where, however, the court is presented with allegations meeting the statutory definition of domestic violence under W. Va. Code § 48-27-401 and/or abuse and neglect under W. Va. Code § 49-1-201, which create serious issues relating to the child's health and safety, or when a case involves disproving a child's paternity, a guardian ad litem shall be appointed by the court for the child(ren).
(b)Order of Appointment of Guardian Ad litem. — The order appointing a guardian ad litem shall specify the terms of the appointment, including the guardian's role, duties and scope of authority, the issues to be investigated, as well as the specific reasons for the appointment and the expectations of the court for the guardian ad litem's report, including the date by which the written report is due. The order appointing a guardian ad litem shall also require the parties to fully cooperate with the guardian ad litem in terms of the investigation.
(c)Guardians Ad Litem. — A guardian ad litem shall be an attorney licensed to practice law. A court-appointed guardian ad litem’s services are provided to the court on behalf of the child. The guardian ad litem shall follow the Guidelines for Guardians Ad Litem in Family Court set forth in Appendix B of these rules and if the Guidelines conflict with other rules or statutes, the Guidelines shall apply. The guardian ad litem acts as an independent fact finder, investigator and evaluator as to what furthers the best interests of the child. The guardian ad litem submits a written report to the court and is available to testify.
(d)Investigations by Guardians Ad Litem. — West Virginia Code § 48-9-301, § 48-9-302, and the Guidelines for Guardians Ad Litem in Family Court set forth in Appendix B of these rules shall govern investigations by guardians ad litem. If the Guidelines for Guardians Ad Litem in Family Court conflict with other rules or statutes, the Guidelines shall apply.
(e)Timing of written report. — A guardian ad litem shall submit a written report to the court and a copy to all parties on the date specified by the court not to exceed sixty (60) days from the date of entry of the order appointing the guardian ad litem. Upon proper petition of the guardian ad litem, the court, in its discretion, may seal the report or redact information that may place a child or other individual in danger.
(f)Payment of Guardian Ad Litem Fees. — The fees for a guardian ad litem appointed in a domestic relations case may be paid by a non-indigent party or, when applicable, in accordance with Trial Court Rule 21.
(g)Training of guardians ad litem. — On or after January 1, 2013, the court shall only appoint a guardian ad litem who have completed the required training provided by the West Virginia Supreme Court.
End
Amendment History
[Amended by order adopted April 20, 2012, effective July 1, 2012; by order adopted October 4, 2001, effective October 4, 2001; by order adopted November 27, 2001, effective January 1, 2002; by order adopted June 9, 2005, effective June 9, 2005; by order entered and effective December 1, 2005; and by order adopted May 22, 2007, effective July 1, 2007.]
Plain-English Summary
Courts are told not to assign guardians ad litem routinely in domestic relations cases. Two situations require one: allegations meeting the statutory definitions of domestic violence or of abuse and neglect that create serious issues about the child's health and safety, and a case involving disproving a child's paternity.
The appointing order has to be specific. It must state the guardian's role, duties and scope of authority, the issues to be investigated, the specific reasons for the appointment, the court's expectations for the report and the date it is due — and it must require the parties to cooperate fully with the investigation.
A guardian ad litem must be a licensed attorney, and the services are provided to the court on behalf of the child. The guardian follows the Guidelines for Guardians Ad Litem in Family Court in Appendix B, which prevail over any conflicting rule or statute, and acts as an independent fact finder, investigator and evaluator of what furthers the child's best interests, submitting a written report and being available to testify. Investigations are governed by two Code sections and the same Guidelines.
The report is due on the date the court sets, not later than 60 days from entry of the appointing order, with a copy to all parties; on the guardian's proper petition the court may seal it or redact information that could put a child or anyone else in danger. Fees may be paid by a non-indigent party or under the Trial Court Rules, and since January 1, 2013 the court may appoint only a guardian who has completed the required Supreme Court training.
Frequently Asked Questions
When must a guardian ad litem be appointed?
Where the court is presented with allegations meeting the statutory definitions of domestic violence or abuse and neglect that create serious issues relating to the child's health and safety, or where a case involves disproving a child's paternity.
Are guardians ad litem appointed as a matter of course?
No. Courts shall not routinely assign guardians ad litem for children in a domestic relations case.
What must the appointing order say?
The guardian's role, duties and scope of authority; the issues to be investigated; the specific reasons for the appointment; the court's expectations for the report including its due date; and a requirement that the parties cooperate fully with the investigation.
When is the report due?
On the date the court specifies, not to exceed 60 days from entry of the order of appointment, with a copy to all parties. The court may seal it or redact information that may place a child or other individual in danger.
Who can serve as a guardian ad litem?
An attorney licensed to practice law who has completed the training required by the West Virginia Supreme Court.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 47). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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