Your children are always going to be your primary concern during
divorce, child custody, or parenting proceedings. During these difficult
and emotional times, you need someone to look out for the best
interests of your child. Though not necessary in all legal proceedings
involving children, some cases may require the appointment of a guardian ad litem
(GAL). A GAL is an attorney or otherwise court-approved third party
that protects the rights and interests of an involved child. The GAL
will investigate the best interests of the child, provide a
recommendation, and be available for questioning by the judge to assist
in a child custody or parentage dispute in the courts. In some legal proceedings involving the support, custody, parenting
time, education, parentage, property interest, or general welfare of a
minor or dependent child, the court may determine a need for a GAL due
to the unique circumstances of the parties. If neither party can
advocate for the interests of the child, or one of the parties
successfully brings a motion for the appointment of a GAL, a GAL will be
appointed by the overseeing court. Some judges may appoint GALs in nearly every case, regardless of the
circumstances of the parties. Others will only appoint a GAL at the
request of one of the involved parties. According to the relevant
provision of the Illinois Marriage and Dissolution of Marriage Act,
the court will consider the nature and adequacy of evidence supporting a
motion to appoint a GAL as well as an evaluation of whether there are
other methods available to obtain this information without the use of a
GAL, including mental health professional recommendations, social
service organizations, or other resources. The expense of the
appointment is taken into consideration when considering a GAL as well,
as there are costs incurred when appointing a GAL to a legal proceeding. Regardless, the appointment of a GAL can change the course of the legal proceedings. The judge will consider the GAL to be "an expert on the law
and an astute judge of character;" thus, their findings are taken very
seriously and generally followed by the overseeing judge. The GAL’s sole responsibility is to make a recommendation based on
their investigation into the child’s current needs, desires, and
circumstances to determine the best interest of the child. Whether the
recommendation be for appointment of sole custody, joint custody, or
other legal matters, the GAL will prepare a recommendation based off
contact and interviews with the child and parties. The GAL will be
available to be questioned by the judge if there are concerns regarding
the recommendations. The GAL will have access to the child’s history, contact information
for the involved parties, and will likely conduct interviews of all the
parties in order to get a comprehensive idea of the parties’ situation.
Only after obtaining this information will the GAL make their informed
recommendation to the overseeing judge. Not only do our experienced family law attorneys at Mulyk, Laho &
Mack, LLC know how the appointment of a GAL can affect the underlying
legal proceedings, we also have a deep understanding of how the process
works. All of our attorneys are certified GALs in the 18th Judicial
Circuit of DuPage County, and have seen first hand the types of cases
where GALs are typically appointed, and how a GAL appointment changes
the legal strategy on behalf of our clients. Through this diversified experience, you can rest assured that our
attorneys have been exposed to the jurisdiction where your case is being
heard and will act accordingly based on our experience, knowledge, and
practice. We know that your sole concern is protecting the best interest
of your child; we will help you navigate your case from start to
finish, regardless of whether a GAL has been appointed, will be
appointed, or if you will proceed without the services of a GAL. Contact
our passionate Glen Ellyn family attorneys to learn more about protecting your child’s rights during divorce or custody matters. Call (630) 852-1100 or fill out the online contact form to schedule an initial consultation.The Role of the Illinois Guardian Ad Litem
Illinois Guardian ad Litem Attorneys
Why Appoint a Guardian ad Litem?
What Does the Guardian ad Litem Do?
Guardian ad Litem Appointment in Illinois
The Role of the Illinois Guardian Ad Litem
by Sharon Mulyk on Sep. 14, 2015
Summary
Your children are always going to be your primary concern during divorce, child custody, or parenting proceedings. During these difficult and emotional times, you need someone to look out for the best interests of your child.
