When Do Illinois Courts Appoint a Guardian ad Litem in a Child Custody Case?

When Do Illinois Courts Appoint a Guardian ad Litem in a Child Custody Case?

At Andrea Heckman Law, we recognize that child custody disputes can be emotionally and legally overwhelming for parents trying to protect their children’s best interests. When these cases become contentious or otherwise complicated, Illinois courts may choose to appoint a guardian ad litem (GAL), an unbiased third party who collects information to help the court fully understand the circumstances and thus make an informed decision.

The Role and Responsibilities of a GAL

When is a GAL Needed?

Courts may appoint a guardian ad litem when parents present conflicting evidence about what arrangement would best serve their child, the parents are in severe disagreement about custody arrangements, or legitimate concerns arise regarding a parent’s fitness to care for their child. The GAL conducts an independent investigation to provide the court with unbiased recommendations about custody and visitation arrangements.

The GAL Investigation

A GAL takes reasonable steps to gather information about any issues affecting the child. Some refer to their role as being the “eyes and ears” of the court. Their investigation typically includes actions such as:

• Interviewing the child in age-appropriate ways
• Meeting with both parents to understand each of their perspectives
• Visiting both homes (as applicable) to assess living conditions
• Speaking with teachers, counselors, and other professionals who work with the child
• Reviewing relevant records, including medical, school, and counseling documents

Recommendations to the Court

The GAL provides written recommendations to the court, but does not make any decisions. The final decision is left to the judge, who uses the GAL’s recommendations. These recommendations typically address:

• How parental decision-making responsibilities should be allocated
• What parenting time schedule would best serve the child
• Any special conditions or restrictions needed to protect the child’s welfare

GAL and the Best Interests of the Child

A guardian ad litem is appointed primarily to determine and represent what serves the child’s best interests. Illinois law requires courts to consider multiple factors when making custody decisions, such as:

• The child’s expressed wishes and preferences
• The child’s existing relationships with parents, siblings, and other family members
• Each parent’s willingness to support the child’s relationship with the other parent
• Each parent’s mental and physical health
• The child’s adjustment to home, school, and community
• Any history of domestic violence or abuse

The best interests of the child are always prioritized in any custody case, so a GAL will focus their investigation on any factors that may influence these.

Striving for Fair Custody Decisions Through GAL Input

When a guardian ad litem is appointed in your custody case, it means the court recognizes a need for additional, unbiased investigation to protect your child’s welfare. Remember, the GAL is not your lawyer or your child’s lawyer, but rather an independent investigator working to help the court make informed decisions. Being cooperative and honest during the GAL investigation can help ensure the best possible outcome for you and your family.

If you are facing a custody dispute where a GAL might be appointed, having experienced legal representation can be crucial. Contact Andrea Heckman Law today to discuss your case and learn how we can help protect your parental rights and your child’s best interests.