What Does a Guardian ad Litem Do in an Illinois Custody Case?

 Posted on May 19, 2025 in Child Custody

A guardian ad litem (GAL) is a central figure in Illinois family court cases involving children. Family disputes can be challenging for children, and without support, their voices can be buried in the contentious atmosphere. An Arlington Heights, IL family law attorney can help you understand the role of a GAL, how they may impact your case, and how best to communicate with them.

What Is a Guardian ad Litem?

A guardian ad litem is a lawyer who represents the child and their purpose is to investigate and make recommendations to a judge about what is best for the child. You often see GALs in cases involving divorce, child support, and the allocation of parental responsibilities, more commonly known as child custody. The court will often appoint a GAL in cases when the parents cannot agree on the terms of parental responsibilities or when the child’s interests seem to be at risk. 

What Are the Responsibilities of a Guardian ad Litem in an Illinois Court?

Key responsibilities for a GAL in Illinois include:

• Examining documents related to the case, including school records, evaluations, and reports of abuse

• Interviewing the child to discuss the child’s wishes and needs

• Observing interactions between the child and all other involved parties

• Attending court proceedings and giving testimony

• Providing a report with their findings and recommendations regarding the allocation of parental responsibilities and other related issues

The GAL is the child’s voice in the court. A GAL represents the child only, not the parents or any other party. While the GAL’s recommendations are vital, all final decisions still lie with the court.

When Is a Guardian ad Litem Appointed by an Illinois Court?

Illinois statute 750 ILCS 5/506 states that in addition to cases involving child support and parental responsibilities, a GAL may be appointed for proceedings involving education, parentage, general welfare, or property interest. They are typically selected from a list of approved attorneys and often chosen based on availability and special experience. Parents can also request a GAL. 

The court may appoint the GAL automatically when no parent or guardian is present at the initial hearing or when there is a history of child neglect or abuse. Sometimes, the judge simply determines that it is in the child’s best interest to have a separate representative, such as when there is conflict between the child and their parents.

Contact an Arlington Heights, IL Family Law Attorney Today

The opinions and recommendations of guardians ad litem carry substantial weight among Illinois family court judges. The Arlington Heights child custody and divorce lawyers at A. Traub & Associates can help you navigate the legal process, protecting your parental rights and advising you through communication with the GAL in your case. Call 847-749-4182 to schedule your first consultation. We will discuss any questions you have about the specifics of your case and offer some solutions tailored to meet your needs.