What is a Guardian ad Litem (GAL)?

Protecting the Best Interests of Children

Child custody disputes can become contentious. Parents may be unable to engage in civil discussions or even be around each other without encountering conflict. In situations where parents cannot agree on how they will make decisions for their children, where children will live, and when they will each spend time with their children, they may ask a family court judge to decide on these issues. To ensure that they will have enough information to make decisions about what would be in the children's best interest, a judge may turn to other professionals to help with a child custody case.

In cases involving the allocation of parental responsibilities (child custody) or parenting time (visitation), the court may appoint a guardian ad litem, or GAL, to determine what outcome would be in the child's best interest. The GAL is a specially-trained attorney who serves as an extension of the court, and his or her recommendations are treated as expert testimony.

Child-related legal matters are among the most difficult in any area of the law. It is easy for parents to get caught up in the emotional turbulence of the proceedings and lose sight of what is truly best for their child. For this reason, the Illinois Marriage and Dissolution of Marriage Act provides the court the option of appointing an attorney to serve as a guardian ad litem. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we realize that while the GAL must be an attorney, he or she does not represent either parent. Instead, the GAL serves the court as an expert witness with the authority to conduct an investigation into the family's situation, and they will be focused on protecting the children's best interests.

The Duties of the Guardian ad Litem

The GAL's primary responsibility is to prepare a recommendation for the court regarding the outcome that best meets the needs of the child in question. To do so, the GAL will generally interview the child, both parents, siblings, and any other relevant person to gather as much information as possible. He or she will also review financial documents, court records, and other data that may be useful in preparing his or her report. Once the GAL has determined how the child's interests would be best served, he or she presents the recommendations as expert testimony to the court, subject to cross-examination. Due to the nature and impartiality of a GAL, his or her recommendations are afforded significant weight by the court and are often implemented with very few changes.

It is important for parents to cooperate with a guardian ad litem during an investigation. They may meet with the GAL to discuss the case either alongside the other parent or independently, and during these meetings, they will need to answer any questions honestly and provide any information requested. They will also need to provide the GAL access to their home when requested and demonstrate that they have the space and resources to provide for their children's needs. They may also make arrangements for the GAL to interview the children and discuss their wishes for how child custody issues should be handled. By demonstrating that they are focused on protecting their children's best interests and will be able to provide the necessary care, a parent can help ensure that their parental rights will be protected when decisions about child custody are made.

Contact Our DuPage County Child Custody Attorneys

If a guardian ad litem has been appointed in your parental responsibilities case, or if you think that one should be appointed, contact our office. Call 630-665-7300 to schedule a confidential consultation at Mirabella, Kincaid, Frederick & Mirabella, LLC today. We are proud to serve clients in Wheaton, Naperville, Warrenville, and the rest of DuPage County.