What is the role of a guardian ad litem in child custody cases? The court may appoint a GAL if parents cannot agree on custody. GALs give the court more information to make a decision in the child’s best interests. In Chicago, Des Plaines, and elsewhere in Illinois, GALs may observe the child’s home(s) and speak to people in the child’s life to get accurate information on parenting styles, household dynamics, and other issues.
Child custody cases can be complex. If you need guidance from someone who understands Illinois family law, call The Rogoff Law Group at (847) 768-2194.
What Is a Guardian Ad Litem?
Children make up about 21.6% of the Illinois population. Sometimes, parents cannot agree on custody or visitation, much less agree on the terms of a parenting plan. Judges have to make these decisions. They need as much information as possible to ensure the result is in the child’s best interests. Thus, the court appoints an attorney, called a guardian ad litem, to represent the child’s interests.
One priority for GALs is to understand the child’s family. GALs typically interview relevant people such as the parents, the child, teachers, relatives, neighbors, family friends, therapists, and doctors. GALs usually examine the child’s home environment, observing how well it meets the child’s needs. Important considerations include safety, stability, cleanliness, and space.
GALs may observe parent-child interactions to get a better grasp on dynamics and communication. These observations also help GALs better understand how comfortable a child might be with his or her parents.
The Role of a Guardian Ad Litem in Child Custody Cases
A guardian ad litem for custody cases has several responsibilities.
Investigate
GALs in Chicago and Des Plaines investigate in depth each parent’s home, parenting style, and relationship with the child. They gather information on the child’s routine and safety concerns, as well as the child’s mental, emotional, and physical well-being. The GAL interviews people in the child’s life to get as thorough an understanding as possible of the family dynamics.
Observe and Evaluate
During their investigations, GALs often observe the interactions between each parent and the child. This lets GALs evaluate each parent’s caregiving abilities, communication style with the child, and responsiveness to the child’s needs.
Report Findings to the Court
After observing and evaluating, GALs create a report. It details the family’s situation and offers recommendations for custody and visitation. This report is often a major factor in court decisions.
Testify
Sometimes, GALs testify in court to give additional context and answer questions about their findings. This can be helpful if family dynamics are especially complex. The judge or either parent’s attorney may ask the GAL to testify, or the GAL himself or herself may request to testify.
Help With Custody Modifications
GALs can also help the court modify custody orders. For example, if a parent requests a custody modification due to changes in the other parent’s lifestyle or behavior, the GAL can reassess the case and make a new recommendation. The presence of the GAL helps prevent situations where parents try to deny visitation or custody without valid reasons.
Benefits of Having a Guardian Ad Litem in Your Child Custody Case
The responsibilities of a guardian ad litem in your custody case can offer several benefits.
Objective Third Party
GALs offer an unbiased perspective. It focuses on the child’s best interests and well-being. This viewpoint can reduce bias in custody decisions and reduce acrimony between parents.
Thorough Assessment
GALs spend time and effort to understand the child’s needs and each parent’s home environment and caregiving style. This information assists the court in making better custody decisions versus relying on just one parent’s perspective. GALs, with their firsthand observations, can help with how to create an Illinois parenting plan that reflects what is best for the child.
Protection
GALs may offer protection from false allegations. For example, if one parent alleges that the other has an unsafe home environment and a reckless caregiving style, GALs may be able to get to the heart of the matter.
That said, their ability to offer protection from false claims is limited. GALs typically do not have the authority to make repeated or surprise visits that could offer more honest insight (unless the court approves GALs to do so). However, a child custody lawyer can help dispute false claims.
Continuity
If or when the custody order is no longer in your child’s best interests, a GAL can reassess and provide updated recommendations. The same GAL may stay with a case as it evolves over the years, especially if the court wants this to happen. Having the same GAL is not a guarantee, though, since the GAL may not be available due to heavy caseloads or scheduling, or the court may prefer another option.
The parents could also request a different GAL. The court could grant this request if it sees merit in doing so. Parents may make these requests if they believe the GAL is biased, ineffective, or not representing the child’s best interests.
How to Work With a Guardian Ad Litem in the Chicago Area
Talk with your attorney before contacting the GAL. Have realistic expectations, and remember that the GAL is not an attorney or advocate for you. Be cooperative when the GAL contacts you, and frame your actions and responses around your child’s best interests.
Give honest information about your household and parenting practices. GALs often know when parents lie, since GALs are trained to notice inconsistencies and exaggerations. They use many methods such as interviews, home visits, and records to verify and reverify information. They may suspect deception with misaligned accounts or pieces of evidence. If a GAL suspects dishonesty, it can harm a parent’s credibility and case.
Working with a GAL can be stressful. Contact us at The Rogoff Law Group to discuss your custody case.
