While many parents are able to complete their divorce with little to no fanfare, there are situations in which the best interest of the child comes into question. In these difficult and often heartbreaking cases, a Guardian Ad Litem (GAL) may be assigned. Learn more about what an assignment of this court liaison may mean for your Illinois child custody case, and discover what our seasoned Wheaton divorce attorneys can do to help with the situation. 

Understanding the Role of a Guardian Ad Litem

Either parent can request that a Guardian Ad Litem be assigned to their case. Alternatively, a judge may assign one, if they feel that the aid of one is warranted. Considered a liaison for the court, they serve as an advocate for the child. They may visit them at school, or at home. They may also meet privately with each of the parents, the school, and persons of interest to the child or family (i.e. stepparents, grandparents, etc.). Requests for a list of witnesses may also be made. 

The goal here is to understand the child’s current situation, and then reach a decision regarding what may be best for their future. Considerations can include where the child will live, and the amount of time they might spend with each parent. It is important to note that the Guardian Ad Litem is not the child’s attorney, so while they may allow the child to voice their preferences and desires, they are not obligated to follow the child’s wishes when making their determination.

Family law is a broad area of the law with many subsections. However, some issues are more common and complex than others. Learn more about the most common and currently emerging family law courts, and discover how our seasoned Wheaton attorneys can help you manage them and mitigate against any complications that you may be facing in your Illinois family law case. 

Divorce and Legal Separation 

Statistics indicate that the divorce rate has been dropping over the last several years, but it continues to be one of the more common family law matters, both in Illinois and nationwide. Legal separations, though less common than divorce and perhaps even some other family law issues, are also frequently seen issues in family courts.

Child-Related Matters

Child matters are also extremely common in family courts. They include:

Although spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney. 

Steps to Take

A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.

It will also be valuable to you if you can gather evidence and witnesses to vouch for your reputation. Friends, neighbors, family members, or others who have spent time with you and your children may be willing to testify, whether it be to DCFS, a Guardian ad Litem, or in court, that they have seen you treat your children well and have not seen any signs of abuse. These witnesses can be great resources in your case.

While many families cherish the relationship between grandparents and their grandchildren, there are exceptions. Whether a parent has personal issues with the grandparents or truly has reason to believe that the grandparents are a danger to their children, there are certain conditions in which contact between children and their grandparents may have been terminated. There are also situations in which grandparents may feel that children are better off with them than with the actual parents. However, there are specific necessities laid out by Illinois law that dictate whether grandparents can legally pursue visitation or custody rights.

According to the American Academy of Matrimonial Lawyers, Illinois Chapter, the state of Illinois is very “pro-parent” and “anti-grandparent.” The rules for grandparents seeking visitation rights are fairly strict. The first prerequisite is that the parent or parents’ refusal of grandparent visits must be without good reason.

How to Know if You Have a Case

Aside from showing that parents have unfairly cut off your contact with your grandchildren, your case will need to meet one of the following conditions: 

Parents and guardians who experience an investigation from the Illinois Department of Children and Family Services (DCFS) are often caught in a whirlwind of emotion. Worry, fear, and anxiety may plague them both night and day. Little can be done to truly ease these worries, but with proper legal representation and an in-depth understanding of your rights, it is possible to increase your family’s chances of a favorable outcome during a DCFS investigation.

An Overview of the DCFS Investigation Process

DCFS investigations can occur for a number of reasons, but they tend to fall into one of three categories: abuse, neglect, or dependency. These are defined as follows: 

Abuse and neglect cases: Can be filed, even if only one parent is thought to be abusive or neglectful to the child. Cases may also be filed based on what is known as “anticipatory neglect,” in which children are considered to be at significant risk of abuse; and