Child Custody Evaluator vs. Guardian ad Litem

 Posted on July 25, 2026 in Family Law

What to do about parenting time and decision-making can be difficult to decide when parents tell very different stories about what is best for their child. A judge may need more information than the parents and their lawyers can provide. In these cases, the court may appoint a guardian ad litem or order a professional child custody evaluation.

These jobs may seem similar, and in some ways they are. Both can investigate a family and give the judge useful information. However, they have different training, duties, and methods. If you are involved in a custody dispute in 2026, our DuPage County child custody attorneys can help you understand who might be involved and what they can do to help your case.

What Does a Guardian ad Litem Do in an Illinois Custody Case?

A guardian ad litem, often called a GAL, is a lawyer appointed by the court to investigate a child’s best interests. The GAL does not represent either parent. The GAL also does not simply repeat what the child says he or she wants.

Under 750 ILCS 5/506, a GAL must investigate the facts of the case and interview the child and the parents. The GAL will usually prepare a written report, recommendations, or a proposed parenting plan for the judge.

A GAL may also:

• Talk to teachers, doctors, neighbors, and other adults who know the child
• Ask for school, medical, police, and mental health records
• Visit each parent’s home
• Go to court hearings
• Ask questions about a family’s routines, safety, and relationships

The GAL may make suggestions about how major decisions should be divided and how parenting time should be scheduled. The judge does not have to follow the recommendation. However, the GAL’s report is an important part of custody cases when they’re involved.

Either parent’s lawyer may cross examine the GAL about the report. This gives the parents a chance to challenge incorrect facts, missing information, or conclusions they believe are unfair.

What Does a Child Custody Evaluator Do?

A child custody evaluator is usually a mental health professional, such as a psychologist, or a psychiatrist. Illinois law now refers to custody issues as the "allocation of parental responsibilities," but many people still use the older term "child custody."

Under 750 ILCS 5/604.10, a court may seek advice from a "qualified professional" to help determine the child’s best interests. A parent may also ask the court to allow an evaluation by a professional the parent hires privately.

A custody evaluator typically will ask for detailed interviews with the parents and children. Depending on what exactly the court order says, the evaluator may also use psychological testing, read medical and mental health histories, carefully watch parent-child interactions, and talk to other people who know the family.

The evaluator’s report must describe the methods the evaluator used and the information he or she discovered. It must also include test results, conclusions, recommendations, and any limits on the evaluation. An evaluation from a child custody professional is often more detailed and clinical than a GAL investigation. It may also take longer and cost more.

What Is the Main Difference Between a GAL and an Evaluator?

A Guardian ad litem is a lawyer. The GAL investigates the case, reviews evidence, and makes recommendations based on the child’s best interests.

A custody evaluator is usually a mental health professional. The evaluator may use clinical interviews, psychological testing, and other professional assessment methods.

A GAL may look for conflicts in the evidence or problems with a parent’s conduct. An evaluator may be better suited to examine mental health concerns, family dynamics, or questions about a parent’s psychological fitness.

Neither person makes the final decision. The judge remains responsible for deciding parenting time and decision-making responsibilities.

Call a DuPage County Family Attorney Today

A guardian ad litem’s investigation and/or a custody evaluation can have a major effect on the outcome of your parenting case. A Wheaton child custody lawyer at Mirabella, Kincaid, Frederick & Mirabella, LLC can explain the process, help you prepare, and if necessary, challenge inaccurate information. Call 630-665-7300 to schedule an initial attorney meeting.

MKFM serves family law clients from our offices located in Kane, DuPage, and DeKalb County.