As a divorce attorney serving clients in Chicago, I understand that disputes over parenting time and decision-making can be some of the most emotionally charged aspects of family law cases. When parents cannot agree on what is in the best interests of their child, Illinois courts have the option to appoint a Guardian ad Litem (GAL) to assist in resolving the matter. A GAL plays a vital role in helping the court gather information and make informed decisions about a child’s welfare.
Under 750 ILCS 5/506 et seq. of the Illinois Marriage and Dissolution of Marriage Act, a court may appoint a GAL to investigate the facts, interview the parties and the child, and make recommendations to the judge about parenting time and responsibilities. The GAL acts as the “eyes and ears” of the court. GALs offer an independent assessment of what arrangement serves the child’s best interests. This appointment can occur in both divorce and post-decree disputes involving children.
When A Guardian Ad Litem Is Appointed
A GAL is typically appointed when the parents’ disagreements are intense, allegations of misconduct arise, or the judge feels additional insight is necessary. The GAL’s focus is not on either parent’s desires but rather on what arrangement will best meet the child’s physical, emotional, and developmental needs.
In many cases, the GAL’s appointment is requested by one of the parties. In others, the court orders it on its own. Once appointed, the GAL is authorized to interview the child, parents, teachers, medical providers, and anyone else with relevant knowledge. The GAL may also review school records, medical reports, and other documentation.
The GAL’s Investigation And Recommendations
The GAL’s investigation is comprehensive. They may visit each parent’s home, assess living conditions, and observe interactions between the parent and child. After gathering all the necessary information, the GAL submits a report to the court, outlining their findings and recommendations. The reports can be written or oral.
While the judge is not required to follow the GAL’s recommendations, they are often given substantial weight because the GAL is considered an impartial, court-appointed advocate for the child’s best interests. In our experience, a well-prepared GAL report can be pivotal in the court’s final decision.
Legal Authority And Responsibilities Under Illinois Law
Under 750 ILCS 5/506(a)(2), a GAL must testify in court and may be subject to cross-examination by both parties. This ensures transparency in the process and gives each side the opportunity to question the GAL’s findings. GALs are bound by professional and ethical obligations to remain impartial and to focus solely on the child’s welfare.
Parents should be aware that cooperating with the GAL is critical. Refusing interviews, withholding information, or attempting to influence the child’s statements can reflect negatively in the final report and may impact the outcome of the case.
The Costs Of A Guardian Ad Litem
The court determines how the GAL’s fees are paid, which may involve one parent covering the full cost or both parents sharing the expense. The amount can vary depending on the complexity of the case and the extent of the investigation. In contentious matters, the GAL’s work can be extensive, which may increase costs.
How We Work With GALs To Protect Our Clients’ Rights
We help clients understand the GAL’s role, prepare for interviews, and ensure that important information is presented in a clear, credible manner. While the GAL’s duty is to the child, we can make sure your perspective is heard and your interactions with the GAL reflect your commitment to your child’s well-being.
If you are facing a parenting dispute in Illinois, understanding the GAL process is essential. A well-prepared approach can make a significant difference in how your case is resolved.
Frequently Asked Questions About Guardians Ad Litem In Illinois
What Is The Main Purpose Of A Guardian Ad Litem?
The primary role of a GAL is to investigate and provide the court with recommendations on what custody and parenting time arrangements serve the child’s best interests.
Does The GAL Represent The Parents?
No. The GAL represents the interests of the child, not either parent. Their recommendations are intended to assist the court, not advocate for one side over the other.
Can I Talk To The GAL Without My Lawyer Present?
Yes, but it is often best to consult with your attorney first to ensure you are prepared and that you present information clearly and accurately.
Is The GAL’s Recommendation Binding On The Judge?
No. The judge has the final say. However, judges frequently give significant weight to the GAL’s recommendations because they come from an impartial investigation.
What Should I Avoid Saying Or Doing During The GAL’s Investigation?
Avoid speaking negatively about the other parent in front of the child, exaggerating facts, or withholding requested information. Honesty and cooperation are key.
Can A Child Refuse To Speak With The GAL?
While a child may be reluctant, the GAL typically has strategies for making the interview comfortable. Refusal can limit the GAL’s ability to assess the child’s perspective, which may affect the report.
How Long Does The GAL Process Take?
It varies depending on the complexity of the case. Some investigations conclude within weeks, while others may take several months, even years.
Who Pays For The GAL In Illinois?
The court decides, and costs may be split between parents or assigned to one parent, depending on financial circumstances and the case’s specifics.
Call Michael C. Craven Today For Exceptional Representation
We have extensive experience helping clients through parenting disputes involving Guardians ad Litem. We know how to work effectively with GALs while protecting your parental rights and your child’s best interests.
Contact our Chicago divorce lawyer today by calling (312) 621-5234 to schedule a free consultation. We represent clients throughout the city of Chicago, Illinois, and are ready to guide you through every step of your case.
