Frequently Asked Questions

What is a Guardian ad Litem (GAL)?

• A Guardian ad Litem (GAL) is a licensed attorney chosen by the Court to investigate and assist in family cases. The GAL is not your attorney, the other parent's attorney, or the attorney for your children. The GAL's primary responsibility is to gather facts about the case to help the Court decide what is in the "best interests" of the children involved.

What is a Child Representative?

• A Child Representative can question witnesses, present evidence, and make legal arguments. This is similar to how an attorney for a party participates in litigation. Unlike a GAL, the Child Representative does not make recommendations, write a report, or testify.

What is an Attorney for the Child?

• Represents the parties' children independently, owing them the same duties of undivided loyalty as any attorney would owe their client. The Attorney for the Child advocates for what the child wants, even if it may not align with what others believe is in the child's best interest.

When are GALs or Child Representatives appointed?

• Under Section 506(a)(3) of the Illinois Marriage and Dissolution of Marriage Act, Illinois courts may appoint a Child Representative for the minor child in any case where the parties are disputing the custody, visitation, education, parentage, property interest, or general welfare of their child.

• Common situations include:

• High-conflict custody disputes

• Allegations of abuse or neglect

• Cases involving domestic violence

• Complex parenting time disputes

• Situations where children have special needs

• Cases where parents cannot communicate effectively

Who appoints the GAL or Child Representative?

• Guardian Ad Litems are appointed by the judge handling the case, thus making the GAL an officer of the court. The same process applies to Child Representatives and Attorneys for the Child.

How long does the GAL process take?

• The timeline varies depending on the complexity of the case, but typically:

• Initial appointment occurs within days of the court order

• Investigation period can range from 30-90 days

• Final report is usually submitted within 60-120 days of appointment

• The GAL remains involved until the case is resolved or they are dismissed by the court

Will the GAL talk to my child?

• Yes, speaking with the child is a crucial part of the GAL's investigation. The GAL will:

• Interview the child in an age-appropriate manner

• Consider the child's maturity level and ability to express preferences

• Ensure the child feels comfortable and safe during interviews

• Keep the child's statements confidential unless disclosure is necessary for the child's safety

Can I communicate directly with the GAL?

• Yes, but communication should be:

• Professional and factual

• Documented in writing when possible

• Focused on information relevant to the child's best interests

• Not used to badmouth the other parent

• Respectful of the GAL's neutrality

Will the GAL make the final decision about custody?

• No. The GAL provides recommendations to the judge, but the judge makes the final decision. The court considers the GAL's report along with all other evidence presented in the case.

How can I help the GAL process go smoothly?

• Be honest and forthcoming with information

• Provide requested documents promptly

• Keep scheduled appointments

• Focus on your child's needs rather than conflict with the other parent

• Follow all court orders

• Maintain appropriate boundaries with the GAL

Can I disagree with the GAL's recommendations?

• Yes. The GAL's report is evidence for the court to consider, but you and your attorney can:

• Present contrary evidence

• Cross-examine the GAL if they testify

• Argue why different arrangements would be better

• Request additional evaluations if warranted

What happens after the GAL submits their report?

• All parties receive copies of the report

• The court may schedule a hearing to discuss the recommendations

• Parties can respond to the report through their attorneys

• The judge considers the report along with all other evidence

• The court issues orders based on the child's best interests

Can the GAL's involvement continue after the initial case?

• In some situations, yes:

• If the court orders ongoing monitoring

• If significant changes occur that affect the child's welfare

• If compliance with court orders becomes an issue

• If new allegations arise requiring investigation