What a Guardian ad Litem Does in Custody and Divorce Cases

 Posted on January 31, 2026 in Child Custody

A Guardian ad Litem, often called a GAL, is a person appointed by the court to represent the best interests of children during divorce or custody proceedings. The GAL is not your lawyer or your spouse's lawyer. They work on behalf of a child or children, and report directly to the judge about what they believe is best for the kids.

In Illinois, the court can appoint a Guardian ad Litem under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/506. The GAL investigates a family’s situation. They talk to the children and observe the parents. After the investigation, they make recommendations to the court about custody, visitation, and other issues affecting the children.

If a guardian ad litem has been appointed to your 2026 divorce or custody case, you need a good Kane County family law attorney. Your every move will be scrutinized and judged. Having the right representation can make all the difference in your case. 

When Does the Court Appoint a Guardian ad Litem?

Illinois courts do not automatically appoint a Guardian ad Litem in every divorce or custody case. The judge typically appoints a GAL when there are serious concerns about the children's welfare or when parents cannot agree on custody arrangements.

Common Reasons for GAL Appointments

Courts often appoint a Guardian ad Litem when:

• There are allegations of abuse or neglect.

• One parent has mental health or substance abuse issues.

• The parents have high levels of conflict.

• The children have special needs requiring careful consideration.

• There are concerns about parental fitness.

• The custody dispute is particularly contentious.

• Either parent requests a GAL and the court agrees it would help.

Guardian ad Litem appointments have increased significantly in family law cases over the past two decades as courts seek additional information to make decisions that truly serve children's best interests.

Who Can Serve as a Guardian ad Litem?

In Illinois, a Guardian ad Litem must be a licensed attorney. The court selects someone with training and experience in family law and child welfare issues. The GAL should be neutral and not have any relationship with either parent that could create a conflict of interest.

What Does a Guardian ad Litem Actually Do During Your Case?

The Guardian ad Litem has authority from the court to investigate your family situation. Their job is to gather information and make recommendations about what custody and visitation arrangements would be best for the children.

Investigate the Family Situation

The GAL will conduct a thorough investigation that may include:

• Interviewing both parents separately

• Talking with the children in age-appropriate ways

• Visiting each parent's home

• Speaking with teachers, doctors, therapists, and other adults involved in the children's lives

• Reviewing school records, medical records, and psychological evaluations

• Observing interactions between the children and each parent

The GAL can request documents, attend meetings, and access information that helps them understand the children's situation. They have significant power to investigate whatever they consider relevant to the children's best interests.

Make Recommendations to the Court

After completing their investigation, the Guardian ad Litem prepares a written report for the judge. This report allows them to make recommendations about custody arrangements, parenting time schedules, decision-making authority, and any other issues affecting the children.

The GAL's recommendations carry significant weight. While judges are not required to follow GAL recommendations, they often do because the GAL has spent considerable time investigating the family and has no personal stake in the outcome.

Participate in Court Proceedings

The Guardian ad Litem participates actively in your case. They can:

• Question witnesses during hearings

• Present evidence supporting their recommendations

• File motions with the court

• Attend mediation sessions

• Appeal court decisions if they believe the ruling does not serve the children's best interests

Having a GAL involved adds another party to your case, which can make proceedings more complex and lengthy.

How Should You Work with a Guardian ad Litem?

If the court appoints a Guardian ad Litem in your case, how you interact with them matters. The GAL will form opinions about you based on your behavior, your home, and what they learn during their investigation.

Be Cooperative and Honest

Cooperate fully with the GAL's investigation. Return phone calls, give them the documents they ask for, and be flexible for home visits and interviews. Trying to avoid or obstruct the GAL will reflect poorly on you.

Answer questions honestly. The GAL will likely discover the truth through their investigation anyway, so being caught in a lie damages your credibility far more than admitting to problems upfront.

Focus on the Children

When talking with the GAL, keep the focus on what is best for your children rather than on attacking your spouse. The GAL wants to hear about your parenting approach and your relationship with the children. Spending interview time complaining about your ex does not help your case.

Present Your Best Self

Make sure your home is clean and safe when the GAL visits. Have appropriate sleeping arrangements for the children, food in the refrigerator, and a child-friendly environment. Show the GAL that you are prepared to provide a stable home.

Can You Avoid Having a Guardian ad Litem Appointed?

The best way to avoid GAL involvement is to reach agreements with your spouse about custody and parenting time. When parents show they can cooperate and put their children's needs first, courts are less likely to see a need for GAL appointment.

Mediation and collaborative divorce can help parents work through custody disagreements. These approaches often result in better long-term co-parenting relationships because parents create their own solutions rather than having a judge make important decisions.

Call an Oswego, IL Family Attorney Today

If you are facing divorce or custody proceedings and want to understand your options, our firm can help. With over 25 years of experience and two attorneys focused on mediation and collaborative divorce, we help families find solutions that work for everyone while reducing costs and conflict. Contact our Kendall County, IL child custody lawyer at The Law Office of Matthew M. Williams, P.C. by calling 630-409-8184 for a free consultation about your case.