Understanding Guardian Ad Litem in Illinois Child Custody Cases

 Posted on April 30, 2023 in Kane

st. charles child custody lawyerIn Illinois child custody cases, a guardian ad litem (GAL) may be appointed to represent the child and their best interests. A GAL is typically an attorney who is placed by the court to investigate and make recommendations regarding custody, visitation, and other issues related to the child’s welfare.

Understanding the role of GAL in Illinois child custody cases is essential for parents who are going through a divorce or custody dispute.

What is a GAL?

A GAL is a person the court appoints to represent the child’s best interests in a custody case. The GAL is not a party to the case but rather an independent third party that is directed to investigate and make recommendations regarding what is best for the child.

What is the Duty of a GAL?

The role of a GAL is to gather information about the child’s living situation, relationships with each parent, and any other relevant factors that may impact the child’s welfare.

The GAL may interview the child and any other individuals who may have relevant information, such as teachers at school, physicians, or family members. Based on their investigation, the GAL will recommend what they believe to be in the child’s best interests. 

How is a GAL Appointed in an Illinois Child Custody Case?

A GAL may be appointed in an Illinois child custody case by the court. The GAL usually submits fee petitions to the court. The court must then decide whether the fees are reasonable. If the fees are found to be reasonable, the cost may be split between the parents or paid for by one parent.

It is important to note that while the GAL’s recommendations are not binding, they are given significant weight by the court when making decisions regarding visitation, custody, and other issues as well.

Contact a Kane County Divorce Attorney

If you are going through a divorce or custody dispute, it is essential to understand the role of a GAL and how it may impact the outcome of your case. Working with an experienced divorce attorney can help you navigate the process. Contact the experienced St. Charles divorce lawyers with MKFM Law for more information. Call 630-665-7300 for a free, limited consultation.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K506.htm

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