Why Was a Guardian ad Litem Appointed to Our Case?

 Posted on September 14, 2018 in Child Custody

When you are involved in a dispute over parental responsibilities or other concerns related to your children, it can be difficult to maintain objectivity, especially if the relationship between you and the other party is not ideal. Divorce situations are especially prone to acrimony and contentiousness, and unfortunately, the best interests of the child can be somewhat lost among the myriad of other considerations. A court-appointed attorney known as a guardian ad litem, however, can help refocus the proceedings on the child’s well-being, thanks to provisions offered by Illinois law.

What is a Guardian ad Litem?

Unlike other types of guardianship, such as those covered by the Illinois Probate Act, which provide far-reaching authority over another person’s interests for an indefinite period of time, the guardian ad litem, or GAL, is appointed for the specified proceeding. In fact, the Latin phrase "ad litem" translates to English as "for the suit." While GALs may serve similar purposes in other areas of law, they are most commonly utilized in family law situations on behalf of a child’s interests. In Illinois, a GAL is required to be a licensed attorney, properly trained and qualified to serve in such a capacity.

The Duties of the Guardian ad Litem

The most important thing for parents to keep in mind when a guardian ad litem has been appointed to their case is that the GAL works as extension of the court. He or she has no interest in who "wins" or "loses," but is instead focused on determining the outcome that would best serve the child. The GAL is required to conduct an investigation into the child’s living and family situation to identify best practices and area of concern. In doing so, he or she may interview the child, parents, and other relevant family members or individuals, review previous court proceedings, and observe the child’s home, school and community environments.

Based on the results of the investigation, the GAL utilizes his or her training and experience to develop a best-case recommendation regarding the outcome of the case. The recommendation is provided to the court as expert witness testimony, either in writing or in person, and is subject to cross-examination according to the rules of court procedure. The court is expected to give substantial weight to the GAL’s findings, as it is presumed that the GAL will have reasonably considered all relevant factors.

Protecting the Interests of Children

If you are going through a divorce and are concerned about the well-being of your child, we can help you petition the court to appoint a guardian ad litem. Contact a knowledgeable DuPage County family law attorney today for more information on meeting your child’s needs throughout the process. Call 630-971-1002 for a free consultation at Andrew Cores Family Law Group.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt%2E+XI&ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000

https://www.law.cornell.edu/wex/guardian_ad_litem

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506