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When Is a Guardian ad Litem Necessary?

 Posted on January 23, 2025 in Child Custody

DuPage County, IL family law attorneyIn family law cases that involve children, a Guardian ad Litem (GAL) can play a critical role in protecting a child’s best interests. But when might the court appoint one, and how do you know if your case needs a GAL? Whether you are in a high-conflict custody battle or dealing with allegations of abuse, understanding the purpose of a GAL can help you navigate the family court process. An Illinois family law attorney can advise you about whether a GAL could be beneficial for your case.

What Is a Guardian ad Litem?

A Guardian ad Litem is a neutral party, often an attorney, who is appointed by the court to represent a child’s best interests during legal proceedings. Unlike a legal guardian, a GAL does not take custody of the child, but rather examines the situation to determine what arrangements will serve the child’s well-being and reports his or her findings to the court.

When Does the Court Appoint a Guardian ad Litem?

The court may appoint a GAL in family law cases where the child’s welfare is uncertain or the parents cannot agree on key issues. Common scenarios include:

  • High-Conflict Custody Battles: When parents are unable to agree on custody or parenting time, a GAL can investigate and make recommendations to the court.

  • Allegations of Abuse or Neglect: If one parent accuses the other of harming or neglecting the child, the court may assign a GAL to assess the situation.

  • Concerns About Parental Fitness: A GAL may be needed if a parent is questioned about their ability to provide a safe, stable environment due to issues like substance abuse or mental health concerns.

  • Family Disputes: A GAL's objective input may be beneficial in cases involving grandparents, stepparents, or other relatives.

What Does a Guardian ad Litem Do?

Once appointed, a GAL conducts an investigation to obtain information about the child’s living situation and relationships. Their responsibilities may include:

  • Interviewing the Child: A GAL will meet with the child to understand their experiences and depending on his or her age, their preferences.

  • Speaking With Parents and Caregivers: The GAL will also interview parents, teachers, or anyone else who is involved in the child’s life.

  • Reviewing Records: This can include school, medical, or counseling records.

  • Conducting Home Visits: The GAL might assess each parent’s home to evaluate living conditions.

  • Submitting a Report: The GAL will prepare a report for the court that outlines their findings and recommendations for custody or parenting time.

While the GAL’s recommendations are influential, it is the judge who ultimately decides what arrangements are in the child’s best interests.

How Can a GAL Affect Your Case?

A Guardian ad Litem’s findings can greatly impact your case. Their primary focus is the child’s best interests, so it is important to cooperate with their investigation. An attorney can help you effectively work with the GAL and effectively communicate your perspective.

Contact a DuPage County, IL Family Law Attorney

If you are facing a custody dispute or another family law matter, a Guardian ad Litem could significantly impact the outcome of your case. An experienced Wheaton, IL family law attorney at Goostree Law Group can help you navigate the process and work toward a resolution that protects your child’s well-being. Call today at 630-364-4046 to schedule a free consultation.

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