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Understanding the Role of a Guardian Ad Litem in a Child Custody Case

Posted on in Child Custody

DuPage County child advocacy lawyersWhile a Guardian Ad Litem may not be necessary in every divorce case, they are sometimes needed to ensure that the best interests of children are preserved during proceedings. Should you request one, and how do you deal with it if your spouse or the courts have brought on into your Illinois divorce case? The following information explains, and it provides information on how a seasoned divorce lawyer can assist with the process.

What is a Guardian Ad Litem?

Guardian Ad Litems are court-appointed unbiased third parties that look out for children in legal proceedings, such as divorce. They do not take sides. Instead, they interview all involved parties along with other individuals in the child’s life (i.e. teachers, grandparents, etc.). They then make a recommendation to the court, based on the evidence they have found. Mostly, they are looking for signs of abuse or neglect that could potentially endanger the child, and they make recommendations to protect the child from such issues.

The court does not have to honor the recommendation, but it often does. As such, parents are highly encouraged to contact a lawyer if their spouse has requested a Guardian Ad Litem in their divorce. Alternatively, if you suspect that your spouse may be abusing or neglecting your child (or if there is a history of such behavior), you are encouraged to contact an attorney and discuss whether a Guardian Ad Litem may be appropriate for your case.

What is Included in a Guardian Ad Litem’s Recommendations?

After gathering all the information they need (testimonies, interviews, medical records, etc.), the Guardian Ad Litem will make a recommendation to the court regarding what they consider to be in the best interests of the child. Their report may include recommendations regarding:

  • Parenting time,
  • Allocation of parental responsibilities,
  • Living arrangements, and
  • If supervised visits are warranted or beneficial;
  • Whether a continued relationship with a parent would be positive or negative.

Again, the court does not have to honor the recommendations of the Guardian Ad Litem, but they often do because these individuals have been trained and are paid to protect children.

Contact Our Wheaton Child Advocacy Lawyers

While children often benefit from a continued relationship with both of their parents after a divorce, this is not always the case. Davi Law Group, LLC understands and recognizes this. We also know that not every alleged case of abuse is founded, which is why we also strive to protect parents who have been wrongfully accused during their divorce. We also provide Guardian Ad Litem services, meaning we can strive to protect the best interests of your child in an Illinois divorce. Whatever your situation, our seasoned and competent Wheaton child advocacy lawyers can aggressively pursue the most favorable outcome for your child. Call 630-580-6373 and schedule your personalized consultation with us today.



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