The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Yorkville Office By Appointment

Subscribe to this list via RSS Blog posts tagged in child representative

Aurora divorce lawyer GAL child representativeAlmost anything that happens in the Illinois legal system that has to do with children revolves around what is in the child’s best interests. In the majority of divorce cases, at least one, but sometimes both of the parents, understand what would be in the child’s best interest. In some divorce cases, parents can become so blind with hate that the best interests of the child are lost, which is when a child representative steps in. Cases involving child support, the allocation of parental responsibilities, parentage, allocation of parenting time, relocation with the child, or even just the child’s general welfare can all be assigned representation for the child.

Types of Representation

The state of Illinois provides for three options when it comes to the representation of the child:

  • An attorney for the child

    ...

custodyDivorce is not a walk in the park--some divorce cases can become extremely nasty pretty quickly. Unfortunately, in cases where there is a lot of fighting between spouses, the children often get lost in the shuffle. The parents are so preoccupied with fighting with each other that the best interests of their children often get pushed to the bottom of the pile, even if it is unintentional. Illinois courts recognize that divorce can wreak havoc on the emotions of those going through the divorce process, so they have put measures into place to make sure that the best interests of the children involved in these divorce proceedings are kept at the forefront.

When Is a Child Representative Used?

The Illinois Marriage and Dissolution of Marriage Act states that any proceeding that deals with issues of support, visitation, custody, allocation of parental responsibilities, education, parentage, property interest or general welfare of a dependent child warrants a reason for the court to appoint a representative of some kind for the child involved in the hearing. There are three types of representation that is recognized in Illinois:

...

GAL, CR, Illinois family law attorney, Illinois child custody lawyer, In any court proceeding dealing with child custody or visitation, Illinois law permits the court to appoint an attorney to represent the child or children. Due to the contentiousness that often arises between the adults in such cases, it is an unfortunate reality that sometimes the best interests of the child can get lost in the chaos. When deemed necessary, the court assigns attorneys most often as either a guardian ad litem (GAL) or as a child representative (CR).

Guardian ad Litem

While a guardian ad litem must be an attorney, its primary function is as an expert witness operating as an extension of the court. An attorney must be properly trained and certified to act as guardian ad litem. Once appointed, the GAL is granted investigative powers to determine what he or she believes to be the true best interest of the child. The GAL may interview the child, both parents, and any family members relevant to the child’s situation. He or she will also study the lifestyle and home life of the family and review any previous legal proceedings.

...
The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

Facebook Twitter LinkedIn
Back to Top