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A GAL can be appointed in cases involving children or incapacitated persons. The Petition for Appointment of a Guardian ad Litem is a probate court form.Appointment of guardian ad litem. Guardian may petition the court on or before the return day of process for the appointment of a named attorney as his guardian ad litem. In other cases, such as contested custody cases, the judge may appoint a Guardian Ad Litem, or either party may request an appointment. 48 and shall complete the application process. (I) Appointment The court may appoint a guardian ad litem upon its own motion or the motion of either party. For the complete alphabetical listing of all qualified Guardians Ad Litem for Children in Virginia: Click on a District from the map. A GAL can even be appointed on the request of the child, a custody evaluator, or a mental health professional. Similarly, if a person files a petition against a child, the Court will also appoint a GAL.