What is the Role of a Guardian Ad Litem During Custody Disputes?

 Posted on December 13, 2024 in Family Law

In Illinois, the term "custody" has been replaced with "allocation of parental responsibilities." Visitation is now "parenting time." In many different situations, when a family court is considering the allocation of parental responsibilities, and there are questions about the wellbeing of the child or the fitness of one or both parents, it may be necessary to have the court appoint a guardian ad litem.

If a judge appoints a guardian ad litem (GAL) in your case, you should take this very seriously; the guardian ad litem is often known as the "eyes and ears" of the court. The manner in which you interact with the GAL can have a significant bearing on the outcome of the allocation of parental responsibilities. If you need more information regarding a guardian ad litem in your case, speaking to a highly skilled St. Charles, IL family law attorney can be beneficial.  

Why is a Guardian Ad Litem Appointed in an Illinois Allocation of Parental Responsibilities Case?

When an attorney is appointed to represent the best interests of a child during a complicated allocation of parental responsibilities case, that person is known as a guardian ad litem. The role of a GAL is to speak with all those involved and thoroughly investigate the situation to help the judge determine what would best serve the child’s best interests.

While the court is not bound by the findings and recommendations of the GAL, it typically does follow those recommendations. Either parent can request a guardian ad litem, or the court may appoint the GAL when parents are unable to agree on what is best for their child. Under certain circumstances, a GAL may be automatically appointed when:

• No parent or guardian appears at the first hearings to determine the allocation of parental responsibilities

• There have been allegations of child abuse or neglect, or there is a report regarding abuse or neglect.

• The minor child and his or her parents appear to have a conflict of interest.

• The court believes having a GAL is in the child’s best interests.

How Should Parents Interact With a Guardian Ad Litem?

If you feel that your wishes regarding the allocation of parental responsibilities align with your child’s best interests, then having a guardian ad litem will likely help your case. Since your interactions with your child and with the GAL will be reported to the judge, you should strive to ensure those interactions are positive – although not fake. Try not to look at the GAL as your enemy, even if you are strongly against involving him or her.

Put your best foot forward and work to make a favorable impression. The role of the guardian ad litem is only to look out for and promote the best interests of your child or children. It can be easy to lose sight of this, thanks to the drama that often accompanies issues pertaining to a couple’s child or children during a divorce.  Never attempt to disparage the child’s other parent to the GAL. Not only will you not score points, but it could backfire, leaving you with fewer interactions with your child in the future.

Contact a Kane County, IL Child Custody Lawyer

If you end up with a guardian ad litem in your case, this does not necessarily say anything negative about your parenting skills and does not mean that you are going to come out on the short end regarding parental responsibilities. Having a St. Charles, IL allocation of parental responsibilities attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC by your side can help you see this as a positive development rather than a negative one.

Our highly skilled attorneys have extensive experience in every aspect of divorce and child issues. At MKFM Law, we make it more convenient for you with offices in Kane, DeKalb and DuPage Counties. Call 630-665-7300 to schedule an initial attorney meeting to discuss your family law issues.