What Is a Guardian ad Litem?

May 5th, 2020 by Tiffany Hughes

A Guardian Ad Litem, or “GAL”, is a family law attorney who is selected by an Illinois Judge and appointed in your divorce or parentage case to investigate child-related issues when parents cannot come to an agreement on, and determine what is in the best interests of the minor child or children. Once the GAL has concluded their investigation, the GAL will submit a report to the Judge including the GAL’s findings and recommendations.

What Happens Once a Guardian ad Litem is Appointed In My Case?

Once a Judge appoints a Guardian ad Litem in a case, the GAL must file a written appearance with the Court upon accepting the appointment. The GAL is then entitled to receive copies of all pleadings and motions filed in the case by both parties. The GAL will then be required to be present at all court proceedings, unless he or she receives explicit instruction that their attendance is not required.

The GAL typically then schedules a meeting with each parent separately to discuss each parent’s concerns and the ongoing issues in their case, as it related to their minor child or children. The GAL will sometimes schedule a “home-study” where the GAL schedules at least one visit to the minor child or children’s residence. The GAL can also act as the minor child’s or children’ advocate and may file pleadings and motions, issue discovery and request relief from the court on behalf of the child.

After the GAL completes his/her full investigation, the GAL will submit a report to the Judge presenting the results of his/her investigation and a recommendation as to how the GAL believes the issues should be resolved to serve the best interests of the minor child or children.

What is the Difference Between a Child Representative and a Guardian ad Litem?

A Child Representative is a family law attorney who is appointed by the Judge in divorce or parentage cases involving minor children, who acts as an attorney for the child. A Child Representative, like a GAL, is also required to file a written appearance, is entitled to copies of all pleadings and motions filed in the case by both parties, and is required to appear at all court proceedings. A Child Representative can also file pleadings on behalf of the child, issue discovery and request relief from the Judge.

However, unlike a GAL, a Child Representative does not submit a report to the Court. Another important distinction is if the divorce or parentage case goes to trial, a GAL can be called as a witness and cross-examined by either party about the contents of the report.

Contact Us Today

The family law attorneys at The Law Office of Tiffany M. Hughes, P.C. have extensive experience working with Guardian ad Litem’s and Child Representatives in parentage and divorce cases throughout Cook, Will, McHenry, DuPage, Lake, Kane and surrounding counties. Tiffany M. Hughes herself is a Court appointed Guardian Ad Litem, Child Representative and Attorney for Children in Cook County and DuPage County. Our focus has, and always be, making sure that we protect your children and come to a resolution that is best for your family overall. We know how difficult emotionally and overall a divorce proceeding or parentage proceeding can be, but we will do everything in our power to make the process as easy as possible for you and your children.  If you have questions or concerns, please feel free to contact us today to schedule your complimentary consultation at 773-893-0228.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C.. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a free consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.