When Is a Guardian Ad Litem Needed in an Illinois Divorce?

 Posted on February 05, 2025 in Child Custody

The matter of child custody can get quite complicated in a court of family law. When parents cannot come to an agreement about how parenting time and decision-making responsibility should be split, the court may appoint a special representative for the child. This representative is known as a guardian ad litem (GAL) and will investigate the child’s circumstances to help the judge reach a custody decision.

In some cases, a couple going through a divorce may hire a GAL of their own volition. In many cases, however, the court will choose to appoint one. During this process, an Illinois family law attorney can advocate for your and your child’s best interests. At Pesce Law Group, P.C., we can help you inform you of your rights as a parent and give you a voice during a custody hearing.

Allegations of Abuse

Illinois courts take allegations of child abuse very seriously. If a judge has any reason to suspect that physical, emotional, or sexual abuse is taking place in the household, he or she will send out a guardian ad litem to investigate.

As part of the GAL’s investigation, he or she may visit your home to check in on the child. You and your child may be interviewed to determine the validity of any allegations of abuse. If the GAL discovers evidence of abuse by either spouse, he or she may recommend an order of sole custody. At Pesce Law Group, P.C., we can help you fight false allegations of abuse or document evidence of your partner’s abuse.

Divorces With Young Children

When considering the child’s best interests, the court may be more inclined to respect the wishes of an older child or teenager. However, younger children may not be able to express themselves well, and they can be easily influenced by their parents. A guardian ad litem may step in as a third party, representing the child in court.

A GAL may meet with a young child to gauge his or her physical and mental health and cannot simply make arbitrary or biased recommendations. To prevent this, the GAL can be cross-examined and made to testify under oath. The GAL must answer all questions truthfully in court or risk criminal charges.

Conflicting Reports

If one parent accuses the other of being dishonest, abusive, or dangerous, the child custody dispute can grind to a halt. To avoid a long and frustrating argument, a judge may send out a guardian ad litem to get to the facts of the case.

The guardian ad litem may contact different people in the child’s life such as teachers, therapists, or extended family. The child’s performance in school and his or her social life may be noted in the GAL’s report. At Pesce Law Group, P.C., we can help you prepare for a guardian ad litem’s investigation and advocate for you in the courtroom.

Meet With a DuPage County, IL Divorce Lawyer Today

Child custody disputes can be stressful. You might not even know about the GAL’s recommendation until you hear it in court. A Naperville, IL child custody attorney can advocate for a favorable resolution, making sure your concerns are heard by a judge. To schedule a free consultation, call the offices of Pesce Law Group, P.C. at 630-352-2240 today.