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.