Going through a divorce or parentage case in Illinois can feel overwhelming—especially when children are involved. You might hear unfamiliar legal terms thrown around, and one that you may not have heard before is “Guardian ad Litem.” What is a Guardian ad Litem? Why is this person involved in your case? If you’re asking these questions, you’re not alone.
What Is a Guardian ad Litem?
A Guardian ad Litem, commonly referred to as a “GAL,” is a court-appointed licensed attorney who represents the best interests of the child in family law disputes, such as custody (now referred to as allocation of parental responsibilities), parenting time, and other matters affecting the minor children in case.
Unlike attorneys who represent the legal interests of a parent or party, a GAL acts as the eyes and ears of the court, investigating the facts of the case and making recommendations as to parenting time and the allocation of parental responsibilities based on what they believe serves the minor children’s best interests.
The Role of a Guardian ad Litem
When a GAL is appointed, their primary responsibility is to conduct an independent investigation. This may involve:
- Interviewing the minor children and both parents
- Speaking with teachers, doctors, therapists or caregivers
- Reviewing school and medical records
- Visiting the homes of both parents
After completing their investigation, the GAL submits a written report to the court and may be called to testify during hearings about their findings.
It’s important to note that while a GAL is often a practicing attorney, they do not act as a lawyer for the minor children in the traditional sense. Instead, they serve a neutral, investigative role, offering the judge a clearer view of the children’s circumstances. They also do not represent either party and cannot offer confidential legal advice. Anything that a party communicates with the GAL can be shared with the other side and with the judge.
A GAL is also not the judge in the case and does not have the power to make any final decisions regarding the minor children. However, their recommendations can carry significant weight, especially in contested custody or visitation cases. Judges will often rely directly on a GAL’s proposal when making final decisions.
Why May a Guardian ad Litem Be Appointed?
Courts in Illinois appoint a GAL when there are serious concerns about the child’s welfare or when parents are highly conflicted about custody or parenting time. This often occurs in cases involving:
- Allegations of abuse or neglect
- Substance abuse by a parent
- Mental health concerns
- Relocation disputes
- High conflict between the parties
By bringing in a GAL, the court ensures that a neutral party advocates for the child, helping the judge make informed decisions focused solely on the child’s well-being.
How Are Guardians ad Litem Appointed?
In Illinois, a Guardian ad Litem is appointed by a judge when the court believes that having an independent voice for the child is necessary to help resolve disputes. Usually, the Judge selects the GAL from a court approved list. Either party can request that a GAL be appointed by filing a motion, or the judge can decide on their own to appoint one. The parties can also agree to appoint a GAL without having to file a motion.
The same is true for who is appointed as the GAL. A party can request that a specific person be appointed as the GAL (and the judge may take this into consideration), the judge can appoint a GAL of their own choosing, or the parties can agree to a specific GAL. The parties can also agree to let the judge choose who is appointed as GAL.
Who Pays for the Guardian ad Litem?
The cost of a Guardian ad Litem is typically the responsibility of the parents involved in the case. In most situations, the court will decide how the fees should be divided—either equally or based on each party’s ability to pay. Sometimes, one parent may be ordered to cover the full cost if the court finds it appropriate. GAL fees can vary depending on the complexity of the case and the amount of time required for the investigation. It’s important to discuss these potential costs with your attorney early in the process so you can be financially prepared.
If you’re facing a family law case in Illinois where a Guardian ad Litem has been or may be appointed, it’s crucial to have legal counsel that understands how to work with GALs and advocate effectively for your rights. The experienced attorneys at Hayes Law, LLC have helped countless clients navigate these sensitive cases with clarity, compassion, and confidence.
Contact Hayes Law, LLC today to schedule a consultation and learn how we can help protect your family’s future.
