When Do You Need a Guardian Ad Litem in Illinois?

 Posted on December 12, 2024 in Divorce

Divorces with children are often challenging and emotional for a family to reckon with. Parents may have conflicting plans for their children, pulling children in two different directions over issues of parenting time and decision-making responsibility.

In cases like these, the courts may decide to appoint a guardian ad litem, a special legal representative who is obligated to act in the child’s best interests. If you require the services of a compassionate advocate, the DuPage County, IL family law attorneys at Davi Law Group are certified GALs who can protect your children during an ongoing divorce.

What Does a Guardian Ad Litem Do?

The role of a GAL is to act as an unbiased third party who makes recommendations to the court based on the child’s best interests. This involves gathering information about the child’s home life by interviewing both parents and speaking with the child directly. One or both parents can hire a GAL to perform this duty, or a court may appoint one on the child’s behalf, in which case a judge will decide how the cost of a GAL’s services will be split between the parents. During this investigative process, a GAL will visit the homes of both parents, sometimes unannounced, to get the most complete picture of the child’s everyday life.

Defining "Best Interests"

A guardian ad litem must make a recommendation for the custodial responsibilities of parenting time and decision-making power to the judge based on the child’s best interests. In Illinois, the term "best interests" takes many factors into consideration, including:

• The expressed wishes of both parents.

• What the child wants.

• The amount of time both parents have spent taking care of the child.

• The child’s relationship with his or her parents and siblings.

• The child’s existing attachments to his or her home, school, or community as a whole.

• The emotional and physical wellness of the parents and the child.

• The distance between both parents’ homes.

• Any history of abuse against the child from either parent.

• Both parents’ willingness to make sure the child has a healthy relationship with the other parent.

This is not an exhaustive list of factors, and a judge may not weigh all of these factors equally. For instance, a judge may pay more attention to what the child wants if the child is old enough to articulate his or her needs. A guardian ad litem will present a complete written or oral report to the court once the child’s best interests have been assessed.

Speak with a Wheaton, IL Family Law Attorney Today

Most parents want the best for their children. If you think your child’s health, welfare, and happiness may be at stake in a divorce, the DuPage County, IL family law attorneys at Davi Law Group are prepared to act as certified guardian ad litems during an ongoing divorce. Attorney Dion U. Davi has extensive legal experience in family law, having spent several years as an Assistant State’s Attorney for DuPage County. To schedule a free consultation, call our offices at 630-657-5052 today.