Why Did the Court Appoint a Guardian ad Litem to Our Case?

 Posted on April 28, 2017 in Family Law

When you are involved in a legal dispute regarding your child, you know how important it is to keep the focus on his or her best interests. That being said, it is often incredibly difficult for parents to separate what they want from what is truly best for the child. It is also common for each parent to have a different opinion about what the child actually needs. If the parents cannot work out their differences and create a reasonable parenting arrangement, the court will be required to make the decisions for them. In some situations, the court may appoint a specially-trained lawyer known as a guardian ad litem to assist with the case.

What Does a Guardian ad Litem Do?

The guardian ad litem, or GAL, in a child-related legal matter, is a lawyer appointed by the court to identify and advocate for the child’s best interests. Despite his or her qualifications as an attorney, the GAL does not formally represent the child. Instead, he or she is tasked by the court with conducting a full investigation into the family’s circumstances and the home environment that each parent offers the child. The investigation normally includes interviews with each parent, the child, and any other relevant individuals, along with an in-depth review of financial records, court transcripts, and all other pertinent documents.

Based on his or her investigation, the GAL then prepares a report that includes his or her trained opinion regarding the best possible situation for the child. The recommendation is presented to the court as expert witness testimony and is subject to cross-examination by all other parties in the case. The court generally holds the GAL’s recommendation in high regard due to the appointee’s training, experience, and detailed research.

Understanding the Reasons

As a parent, you have the right to ask the court to appoint a guardian ad litem for your case. The other parent, of course, has the same right. The court also has the authority to make such an appointment based on its own analysis of the situation. If a guardian ad litem has been appointed, it means that the court does not believe that you and the other parent will be able to reach a reasonable agreement on your own. This could be due to good faith differences of opinion regarding the child’s best interests or a refusal by the parties to work together.

A guardian ad litem may also be appointed in situations of alleged or suspected abusive behavior, either between the parents or toward the children. When domestic violence or abuse is a factor, the court may want more information than either parent is likely to offer voluntarily, but a GAL can help develop a clearer picture of the whole situation.

Call Us for Help

If a guardian ad litem has been appointed to your case or you would like one to be appointed, contact an experienced Naperville family law attorney. Attorney Don Pesce is a certified DuPage County guardian ad litem who understands the complexities of child-related legal matters. Call 630-352-2240 for a free consultation at Pesce Law Group, P.C. today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59