Guardian ad Litem and Child’s Representative in IL Child Custody Cases

When parents in Illinois cannot agree on how to raise their children after a divorce or separation, the dispute is legally referred to as an allocation of parental responsibilities and parenting time case. These modern terms have replaced the traditional “custody” and “visitation” language once used by Illinois courts.

In a contested case, the court’s main concern is the best interests of the child. To protect those interests and ensure a fair outcome, the judge may appoint a Guardian ad Litem (GAL) or a Child’s Representative. Both positions are specifically defined by Illinois statute and can greatly influence the court’s decision.

This article explains the roles of a Guardian ad Litem and a Child’s Representative, when their appointments may be appropriate, and how they can affect your case.

The Illinois Legal Framework for Parenting Cases

Illinois family law matters involving children are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). The relevant provisions are as follows:

• Section 602.5 (750 ILCS 5/602.5) governs how courts allocate decision-making responsibilities, including decisions about education, healthcare, religion, and extracurricular activities.

• Section 602.7 (750 ILCS 5/602.7) governs parenting time, which determines when and how each parent spends time with the child.

• Section 506 (750 ILCS 5/506) authorizes the court to appoint an attorney to represent a child’s interests in any proceeding involving the child’s support, allocation of parental responsibilities, parenting time, education, or general welfare.

The court decides whether to make such an appointment based on the complexity of the case and the specific needs of the child.

The Guardian ad Litem (GAL)

Definition and Role

A Guardian ad Litem (GAL) is an attorney appointed by the court to investigate and advise the court about what arrangement best serves the child’s best interests. The GAL does not represent either parent; rather, the GAL functions as an independent fact-finder and neutral professional whose duty is to the court and the child.

Investigative Responsibilities

Under 750 ILCS 5/506(a)(2), a GAL must investigate the facts of the case and interview the child and the parents. This often includes:

• Reviewing school, medical, and counseling records;

• Interviewing teachers, relatives, and other adults who interact with the child;

• Observing the child’s home environment and interactions with each parent; and

• Gathering any information that will assist the court in determining what is best for the child.

Written Reports and Testimony

The 2023 amendment to 750 ILCS 5/506, enacted through Public Act 103-0126, clarifies that unless the court orders otherwise, a GAL must submit a written report, written recommendations, or a proposed parenting plan not less than 30 days before the final hearing or trial.

The GAL may be called as a witness at trial and may be cross-examined about their findings and recommendations. Although the GAL’s conclusions are not binding on the judge, they often carry substantial weight because they result from an independent, court-authorized investigation.

When Courts Appoint a GAL

Judges typically appoint a GAL when the case involves serious conflict or allegations affecting the child’s safety or well-being, such as:

• Allegations of abuse or neglect;

• Claims involving substance abuse or parental unfitness;

• Relocation disputes;

• High-conflict parenting or possible parental alienation; or

• Questions about the child’s living arrangements or schooling.

In these situations, the GAL’s independent review helps the court make a decision grounded in evidence rather than emotion.

Working Effectively with a GAL

If a GAL is appointed in your case, it is crucial to cooperate. Be respectful, responsive, and honest during all interviews and home visits. Provide documentation when requested and demonstrate a commitment to your child’s stability and well-being. Courts often view a parent’s cooperation with the GAL as evidence of good judgment and maturity.

The Child’s Representative

Definition and Purpose

A Child’s Representative, also authorized under 750 ILCS 5/506(a)(3), is an attorney appointed to advocate for what they determine to be the child’s best interests. Unlike a GAL, who primarily investigates and reports findings, the Child’s Representative participates directly in litigation as an attorney for the child’s best interests.

Legal Duties and Authority

The statute provides that a Child’s Representative must meet with the child and the parents, review the facts of the case, and may conduct the same type of investigation as a GAL. However, the representative’s responsibilities differ in key ways:

• The Child’s Representative does not prepare a written report for the court.

• The Child’s Representative does not testify as a witness.

• Instead, the representative presents arguments, submits evidence, and participates in hearings and negotiations like any other attorney.

The Child’s Representative has the same authority to litigate as an attorney for a party and is expected to base their advocacy on evidence and the child’s best interests.

Confidential Relationship with the Child

Communications between the child and the Child’s Representative are generally confidential, similar to the traditional attorney-client relationship, unless disclosure is required by law. This confidentiality allows the child to speak freely and helps the attorney form an informed position on what outcome best serves the child’s emotional and developmental needs.

When a Child’s Representative Is Appointed

Judges may appoint a Child’s Representative instead of a GAL when:

• The child is old enough to communicate meaningfully with an attorney;

• The issues require an active legal advocate rather than a neutral investigator;

• Confidentiality between attorney and child is important; or

• The case involves complex legal questions or extended litigation.

In these cases, the Child’s Representative acts as the child’s voice in the courtroom, ensuring that the child’s welfare is central to every argument and decision.

Differences Between a GAL and a Child’s Representative

Although both professionals are appointed under 750 ILCS 5/506, their duties and courtroom functions differ in significant ways.

A Guardian ad Litem is an investigator and advisor to the court. The GAL interviews, gathers evidence, and writes a report that becomes part of the record. The GAL may testify and can be cross-examined about the report and recommendations.

A Child’s Representative, on the other hand, acts as an attorney for the child’s best interests. This representative participates in hearings, presents evidence, and argues the case but does not testify or submit a written report. Communications between the child and the Child’s Representative are confidential, while a GAL’s communications are not.

In short, the GAL provides the court with information; the Child’s Representative advocates within the courtroom.

Fees and Payment of Court-Appointed Attorneys

Under 750 ILCS 5/506(b), the court decides how the fees of a Guardian ad Litem or Child’s Representative are paid. The appointed attorney must file a detailed invoice every 90 days outlining services and time spent. The court reviews these statements and approves them if reasonable.

The judge may order one parent, both parents, or, in rare cases, the child’s separate estate to pay the fees. Courts often allocate costs based on each parent’s financial circumstances. Because these fees can be significant, you should discuss potential financial obligations with your attorney early in the process.

How an Appointment Can Affect Your Case

Cooperate and Communicate Clearly

Your cooperation with a GAL or Child’s Representative can have a powerful effect on the case. Be courteous, responsive, and organized. Provide accurate information and show that you are focused on your child’s needs, not on conflict with the other parent.

Prepare Thoroughly with Your Attorney

Work with your lawyer to prepare for meetings and interviews. Review your parenting history, describe your child’s routine, and provide documentation showing your involvement in education, health care, and daily life. Preparation helps you present a clear and truthful picture.

Stay Focused on the Child’s Best Interests

The entire process revolves around the child’s best interests. Judges and court-appointed professionals evaluate how each parent promotes the child’s emotional, physical, and developmental well-being. Demonstrating that you can cooperate and support your child’s relationship with the other parent—when safe and appropriate—shows maturity and responsibility.

Recognize the Influence of Their Findings

The court gives considerable weight to the input of a GAL or Child’s Representative. While their recommendations or advocacy are not binding, judges rely on their expertise when determining parenting time and decision-making authority. Your attorney can help you understand, address, or, if needed, challenge these findings.

Local Rules and Training Requirements

Each Illinois circuit court may adopt local rules concerning the appointment and qualifications of Guardians ad Litem and Child’s Representatives. Many counties require these attorneys to complete continuing legal education on topics such as child development, family dynamics, and domestic violence before becoming eligible for appointment.

Recent legislative efforts have emphasized additional training related to identifying family violence, child abuse, and coercive control. Before your case begins, your attorney can confirm the specific local procedures that apply in your county.

The “Best Interests of the Child” Standard

The guiding principle in every Illinois parenting case is the best interests of the child. Sections 602.5 and 602.7 of the IMDMA list numerous factors the court must consider, including:

• The wishes of the child, taking age and maturity into account;

• The wishes of each parent;

• The child’s relationship with each parent, siblings, and significant others;

• The child’s adjustment to home, school, and community;

• The mental and physical health of all individuals involved;

• Each parent’s ability to encourage a relationship between the child and the other parent; and

• Any history of abuse, neglect, or domestic violence.

Guardians ad Litem and Child’s Representatives help the court apply these statutory factors with objective, fact-based insights.

Why You Need an Experienced Illinois Family Law Attorney

Contested cases involving the allocation of parental responsibilities and parenting time are among the most complex and emotionally charged matters in family law. The involvement of a Guardian ad Litem or Child’s Representative adds another layer of complexity.

An experienced Illinois family law attorney can:

• Explain how the appointment will affect your case;

• Prepare you for interviews and investigations;

• Review and respond to written reports or arguments;

• Advocate for fair parenting time and decision-making authority;

• Handle issues involving fees and court procedures; and

• Ensure compliance with 750 ILCS 5/506, 750 ILCS 5/602.5, and 750 ILCS 5/602.7, as well as applicable local rules.

Working with a knowledgeable attorney helps ensure your parental rights and your child’s well-being remain protected throughout the process.

Chicago Child Custody Lawyer

If you are involved in a dispute over parenting time or decision-making authority in Illinois, the process can be stressful and overwhelming. The experienced family law attorneys at Collin Law Offices, P.C. understand how to navigate these challenges, including cases involving Guardians ad Litem and Child’s Representatives. We can help you understand your legal options, prepare effectively, and present your case with confidence. To learn more about your rights and how to protect your relationship with your child, contact Collin Law Offices, P.C. by calling (312) 263-1252 or contacting us online for a free consultation.