Update: 5 Things to Get “Right” When a Guardian Ad Litem Has Been Appointed to Your Child Custody Case

 Posted on June 26, 2019 in Child Custody

This is an update to a 2019 post about things to get right when a guardian ad litem has been appointed to your child custody case. We have updated it to include advice about what the guardian ad litem's home visit might be like, as well as what you should do if you are worried a guardian ad litem is biased against you. If you still have questions on this topic, contact a Wheaton, IL child custody lawyer with Davi Law Group.

Having a guardian ad litem (GAL) assigned to your case can turn an already difficult situation into a nightmare. It is very normal for parents to worry that a court bringing in the help of a GAL means they are doing something wrong. And, of course, most of us feel nervous when we feel our every move is being scrutinized.

However, a GAL is not there to criticize your parenting or to take your kids away from you. His or her role is to look closely at your children’s lives and make recommendations to a judge about what is in each child’s best interest in a child custody or divorce case.

This is an update to a blog discussing five things to do if a guardian ad litem has been assigned to your case. In this update, we will also look at what a guardian ad litem’s visit to your home might be like, as well as what to do if you think the guardian ad litem assigned to your case is biased against you. As always, the most important thing you can do to have the best chance of a favorable outcome is to hire an experienced Illinois family lawyer to advocate on your behalf.

What is a Guardian ad Litem Home Visit Like? 

Guardian ad litem home visits are usually short and to the point. The GAL will want to see your kids in their home, and will be looking at several things, including: 

• Whether the home is a safe and healthy environment for children

• Whether the children seem comfortable and happy

• Whether there are any people, pets, or objects in the home that could present a danger to the children

The GAL may take pictures, ask you questions, and ask your kids questions. You do not need your attorney there. Usually you will know if the GAL is coming, although if the court has concerns about abuse or neglect, a surprise visit may be scheduled.

How Do I Know if a Guardian ad Litem is On My Side?

It is important to know that a guardian ad litem is not supposed to be on anyone’s side but the children’s. His or her job is to look at all the possible arrangements for child custody and visitation and, based on what he or she sees during interviews and home visits, make a recommendation about what is in the best interest of your children. The guardian ad litem should be professional, direct, and clearly communicate what it is that he or she needs from you.

What Can I Do if the Guardian ad Litem is Biased Against Me? 

Although guardians ad litem should not show bias, they are regular people, and sometimes biases can come up. If you are genuinely concerned that the guardian ad litem is treating you unfairly, it is important to bring these concerns before the court. However, you will want evidence showing the bias. Untrue or unprovable accusations of bias against a parent do not look good to a court with the goal of finding out what is best for a child.

Child custody battles can get ugly, fast, and in some cases, there is a need to ensure that the child’s well-being is not at risk. In these situations, a Guardian Ad Litem may be appointed. What do you do if this happens during your Illinois custody case, and how should you respond? 

Avoid the Panic and Prepare for the Process 

When parents learn that a Guardian Ad Litem, they often go into panic mode. Unfortunately, this does nothing to benefit the case. In fact, if anything, such a reaction could jeopardize the proceedings and, ultimately, the outcome of your Illinois child custody case. As such, it is recommended that parents put their energy into preparation, rather than panic.

If you have not done so already, ensure you have legal representation to help you through the process. Also, consider taking a parenting class to prove that you are not just a good parent, but a proactive one. Parents should also prepare for the interview and home study process, which are fairly standard in cases involving a Guardian Ad Litem.

Stay Focused on Your Child’s Needs

Often, a Guardian Ad Litem is brought into a child custody case at a parent’s request. Perhaps your child’s other parent was worried that you would not be able to provide a safe and stable home environment, so they are bucking against your request for equal parenting time, or they may want to seek revenge because you asked for a divorce. Regardless of the circumstances, it is important that you take the high road here; resist the urge to lash out at the other parent and, instead, remain focused on your child’s needs throughout the process.

Be Honest with the Guardian Ad Litem

Rarely does a court appoint a Guardian Ad Litem without cause. Perhaps your spouse made their case sound compelling, or perhaps there are things from your past that have tarnished your reputation. In either case, it is important that you are honest with your child’s Guardian Ad Litem, as they are usually quite skilled in detecting discrepancies within a parent’s testimony. Remember that they are not looking for perfection, just an issue that could put your child at risk. Also, note that you may need an attorney if you do have issues that could damage your case.

Inform Your Child but Do Not Share Too Much Information

While you do want your child to be aware of the situation (if for no other reason than to reduce the risk of maladjustment issues during the process), it is important that you do not share too much information with them. Children are an extension of their parents, so getting in the way of their relationship with your ex may ultimately hurt them. Moreover, by sharing too many details with your child, you run the risk of creating panic, which could cause them to behave in undesirable or uncharacteristic ways (i.e. lying to the Guardian Ad Litem to protect you).

Contact Our Wheaton, IL Family Law Attorneys 

Custody cases can often benefit from the aid of a seasoned family law attorney, but when a Guardian ad Litem is involved, it is almost critical to have a seasoned legal professional on your side. Davi Law Group is one of the most trusted names in family law. Whatever the situation, we will work hard to protect your time and relationship with your child. Call 630-657-5052 and schedule a consultation with our skilled DuPage County family law attorneys today.