Understanding Guardians Ad Litem in Illinois Child Custody Cases

 Posted on December 28, 2025 in Family Law

In Illinois child custody cases, a guardian ad litem (GAL) may be appointed to make a recommendation to the Court as to what is in a child’s best interests. A GAL is typically an attorney who is tasked with investigating the child’s home life to make recommendations regarding allocation of parental responsibilities, parenting time, and other issues related to the child's welfare. If you have questions about an ongoing GAL investigation, reach out to a Kane County, IL family law attorney today.

Understanding the role of GAL in Illinois child custody cases is essential for parents who are going through a divorce or custody dispute. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have over 100 years of combined attorney experience, giving us deep insights into practicing family law.

What is a Guardian ad Litem?

An article published in ScienceDirect claims that over a million children are affected by the stresses of parental divorce in the U.S. every year. A GAL is a person the court appoints to help represent the child's best interests in a custody case. The GAL is not a party to the case but rather an independent third party that is directed to investigate and make recommendations regarding what is best for the child.

It is important to note that while the GAL's recommendations are not binding, they are given significant weight by the court.

Why The Child’s Best Interests Matter in Custody Cases

In every Illinois custody case, the judge must focus on what is in the best interests of the child. This is called the "best interests of the child" standard. It is not about which parent is "better" as a person. It is about which arrangements will help the child feel safe, stable, and supported.

Illinois law spells this out in 750 ILCS 5/602.7. This section lists many factors a judge can look at. These include the child’s needs, the child’s relationship with each parent, how much each parent has cared for the child in the past, and whether there has been abuse or serious conflict. The court may also consider the child’s wishes, depending on the child’s age and maturity.

A guardian ad litem looks at these same factors. The goal is to give the court more information so the judge can make a decision that fits the child’s real life, not just what each parent says in court.

What Is the Duty of a GAL?

The role of a GAL is to gather information about the child's living situation, relationships with each parent, and any other relevant factors that may impact the child's welfare.

The GAL will generally interview the child and any other individuals who may have relevant information, such as teachers at school, physicians, or family members. Based on their investigation, the GAL will recommend what they believe to be in the child's best interests.

How is a GAL Appointed in an Illinois Child Custody Case?

A GAL may be appointed in an Illinois child custody case by the court. The GAL usually submits fee petitions to the court. The court must then decide whether the fees are reasonable. If the fees are found to be reasonable, the cost may be split between the parents or paid for by one parent. If not ordered by a judge, parents can also request a GAL to be appointed to the case.

What if I Disagree With a GAL’s Recommendation?

It is common to feel worried or upset if the GAL’s recommendation does not match what you want. Try not to panic. The GAL’s report is important, but it is not the final word.

If you disagree with a GAL’s recommendation, speak with your attorney right away. Your lawyer can review the GAL’s report with you. You can point out details you think are wrong, missing, or unfair. In some cases, your attorney may question the GAL in court. This can help show the judge other facts or a different view of the situation.

You may also present your own witnesses or documents. School records, medical records, and messages between you and the other parent can all help tell your side of the story. The key is to stay calm, follow your lawyer’s advice, and focus on your child’s needs instead of attacking the GAL personally.

Tips for Interacting With Guardian ad Litems in 2026

Your behavior with the GAL matters. Taking these measures can help your case in the long run:

• Be honest, even when the truth is uncomfortable. GALs can usually tell when someone is hiding things.

• Be respectful and on time for meetings. This shows that you take the process seriously.

• Focus on your child, not on complaints about your ex. Explain what your child needs and how you meet those needs.

• Follow court orders and temporary schedules as closely as you can. GALs notice who follows the rules.

• Stay calm around your child and avoid talking about the case in front of them.

Contact a Kane County, IL Divorce Lawyer

If you are going through a divorce with parenting and custody issues, it is essential to understand the role of a GAL and how it may impact the outcome of your case. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you navigate this sensitive process. Contact the St. Charles, IL family law attorneys at MKFM Law or call 630-665-7300 to arrange an initial attorney meeting today.