What Is a Guardian ad Litem (GAL)?

Few events have a greater impact on a contested parenting case than the appointment of a Guardian ad Litem, commonly referred to as a "GAL."

When parents are unable to agree regarding parenting time, decision-making responsibilities, relocation, schooling, medical care, mental health treatment, allegations of abuse, or other issues affecting a child, an Illinois court may determine that it needs assistance gathering information and evaluating the circumstances surrounding the family. One of the most common tools available to the court is the appointment of a Guardian ad Litem pursuant to Section 506 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/506.

For many parents, the appointment of a GAL can feel intimidating. The GAL will often have access to information neither parent anticipated sharing. The GAL may interview family members, review records, speak with teachers and counselors, and ultimately provide opinions that may significantly influence the outcome of the case.

Understanding the role of a Guardian ad Litem is critical for anyone involved in a contested parenting dispute.

What Is a Guardian ad Litem?

A Guardian ad Litem is an attorney appointed by the court to investigate the facts of a case and make recommendations concerning the best interests of the child.

Unlike an Attorney for the Child, a Guardian ad Litem does not represent the child's wishes. Likewise, a GAL does not represent either parent.

Instead, the GAL serves as an independent investigator whose responsibility is to gather information and assist the court in determining what arrangements serve the child's best interests.

This distinction is important.

A child may tell a GAL that he or she wants to live primarily with one parent. The GAL is not obligated to advocate for that position. Rather, the GAL must independently evaluate all available information and determine whether the child's stated preference is consistent with the child's best interests.

At the end of the day, the GAL's client is neither the child nor either parent. The GAL's obligation is to the court and the best interests of the child.

Why Would a Court Appoint a GAL?

Most parenting cases do not require a Guardian ad Litem.

However, courts frequently appoint GALs when the facts are disputed, the conflict between the parents is significant, or the court believes additional investigation is necessary before making important decisions affecting a child.

GAL appointments commonly occur in cases involving:

Disputes regarding parenting time.

Disputes regarding allocation of parental responsibilities.

Relocation requests.

Mental health concerns.

Substance abuse allegations.

Domestic violence allegations.

DCFS investigations.

Parental alienation claims.

School placement disputes.

Medical decision-making disputes.

Repeated violations of parenting orders.

High-conflict post-decree litigation.

The more serious the allegations, the more likely it becomes that a judge may seek assistance from a Guardian ad Litem.

In many cases, the court simply recognizes that it cannot adequately assess competing allegations based solely upon testimony presented during a hearing. A GAL provides the court with an additional source of information beyond what either parent chooses to present.

What Does a Guardian ad Litem Actually Do?

The answer depends on the facts of the case, but most GAL investigations involve extensive information gathering.

The GAL may interview both parents separately. The GAL may interview the child or children. Depending upon the age of the child, multiple interviews may occur over the course of the litigation.

The GAL may contact teachers, school administrators, coaches, daycare providers, counselors, therapists, physicians, relatives, neighbors, and other individuals who possess information relevant to the child's welfare.

The GAL may review school records, attendance records, report cards, counseling records, therapy records, medical records, police reports, criminal records, DCFS records, emails, text messages, social media communications, photographs, and videos.

In some cases, the GAL may visit one or both homes.

The GAL may observe parent-child interactions.

The GAL may attend meetings with therapists or educational professionals.

The GAL may review prior court filings, transcripts, orders, and pleadings.

The scope of the investigation often expands in proportion to the complexity of the case.

Parents are frequently surprised by the amount of information a GAL is able to obtain and review.

The Best Interests Standard

Everything a Guardian ad Litem does is guided by one fundamental principle: the best interests of the child.

Illinois law identifies numerous factors courts may consider when determining a child's best interests. Those factors include the wishes of the child, the wishes of the parents, the child's adjustment to home and school, the child's relationships with parents and siblings, the physical and mental health of the parties, any history of violence, the willingness of each parent to facilitate a relationship with the other parent, and many other considerations.

The GAL evaluates these factors and attempts to determine which parenting arrangement will best serve the child's welfare.

This often means that a GAL's recommendation may not align with the desires of either parent.

In some cases, both parents walk away disappointed.

In other cases, one parent may be strongly supported by the GAL while the other receives significant criticism.

The GAL's obligation is not to make either parent happy. The GAL's responsibility is to provide recommendations that the GAL believes serve the child's best interests.

How Much Weight Does a Judge Give a GAL's Recommendations?

This is one of the most common questions parents ask.

Technically, a judge is not required to follow a GAL's recommendations.

Practically speaking, however, GAL recommendations often carry substantial weight.

Judges recognize that GALs have frequently spent months investigating the family, interviewing witnesses, reviewing records, and observing circumstances that may never be fully presented during a trial.

For that reason, GAL opinions can be extremely influential.

That does not mean a GAL is always correct.

GALs are human. They can reach incorrect conclusions. They can misunderstand facts. They can place too much weight on one source of information while discounting another.

Nevertheless, parties should understand that GAL recommendations are rarely ignored and should be taken seriously throughout the litigation.

Can the GAL Testify?

Yes.

Unlike an Attorney for the Child, a Guardian ad Litem may testify and may be called as a witness.

The GAL may explain the investigation that was conducted, identify records that were reviewed, discuss interviews that occurred, and provide recommendations to the court.

The GAL may also be cross-examined by counsel.

In many contested parenting trials, the GAL becomes one of the most important witnesses in the case.

A well-prepared cross-examination of a GAL can significantly impact the court's view of the recommendations being offered.

How Are GAL Fees Determined?

One significant difference between a Guardian ad Litem and many other professionals involved in family law litigation is that the court generally establishes the GAL's compensation.

Most judges maintain lists of qualified GALs who regularly accept appointments in family law cases.

The court typically establishes the initial retainer and hourly rate at the time of appointment.

The court may order one parent to advance the retainer or may divide the retainer equally between the parties.

As the litigation progresses, the GAL may seek additional retainers or payment for services rendered.

GAL investigations can become expensive, particularly in high-conflict cases involving extensive records, multiple witnesses, numerous court appearances, or lengthy trials.

Parents should understand that every email, phone call, meeting, interview, court appearance, and document review generally consumes billable time.

For that reason, it is often beneficial to communicate efficiently and avoid unnecessary disputes that increase the cost of the investigation.

When Is a GAL a Good Idea?

A GAL can be extremely beneficial when the court needs an independent investigation.

Cases involving allegations of abuse, neglect, substance abuse, mental health concerns, school issues, or significant parenting disputes often benefit from a thorough investigation performed by an experienced GAL.

A GAL may also be useful when parents have become so entrenched in conflict that neither side can objectively evaluate the circumstances.

In these situations, the GAL provides an additional layer of analysis that can assist both the parties and the court.

When Can a GAL Become Problematic?

Like any litigation tool, a GAL is not appropriate in every case.

In relatively straightforward parenting disputes, the expense associated with a GAL may outweigh the benefit.

Some parents mistakenly believe that a GAL will automatically validate their concerns. When the investigation reaches a different conclusion, those same parents often become frustrated with the process.

A GAL appointment can also increase the duration and cost of litigation because the investigation itself requires time to complete.

The decision to request a GAL should therefore be made strategically rather than emotionally.

How Should Parents Conduct Themselves During a GAL Investigation?

One of the biggest mistakes parents make is treating the GAL as though the GAL is their personal advocate.

The GAL is not there to "take sides."

Parents who spend months attempting to convince the GAL that the other parent is a terrible person often undermine their own credibility.

The most effective approach is usually honesty, transparency, cooperation, and a continued focus on the child's needs rather than the parents' grievances.

GALs frequently develop strong opinions regarding a parent's willingness to foster the child's relationship with the other parent. Parents who appear focused exclusively on punishment, revenge, or conflict often damage their own positions.

The best presentation is usually the truth, supported by documentation, delivered professionally and without unnecessary drama.

Is a Guardian ad Litem Right for Your Case?

The appointment of a Guardian ad Litem can fundamentally change the direction of a parenting case.

In some situations, a GAL investigation provides the court with information that may never otherwise come to light. In other cases, the expense associated with the appointment may outweigh the benefits.

Determining whether to request, oppose, or strategically utilize a GAL appointment requires careful consideration of the facts, the issues in dispute, the anticipated costs, and the overall objectives of the litigation.

Attorney Paul D. Nordini has represented parents in complex parenting and allocation disputes throughout DuPage County, Cook County, Will County, Kane County, and surrounding Illinois jurisdictions. Over the course of his career, he has litigated cases involving Guardians ad Litem, Child's Representatives, Attorneys for the Child, custody evaluators, therapists, DCFS investigations, allegations of abuse, parental alienation claims, emergency parenting disputes, and high-conflict post-decree litigation. Mr. Nordini understands the substantial influence a GAL can have on the outcome of a case and works closely with clients to prepare for investigations, present information effectively, challenge unsupported conclusions when necessary, and develop litigation strategies designed to protect both the client's rights and the child's best interests. In many parenting cases, understanding how to navigate a GAL investigation can be every bit as important as the trial itself.