How to Request a Guardian ad Litem in Illinois

What the request asks the court to do

Section 506 of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/506, lets a judge appoint a lawyer to focus on a child in cases about support, allocation of parental responsibilities (the term that replaced custody), parenting time, education, parentage, property or the child's general welfare. The judge may do this on the court's own motion or on the motion of any party.

A request for a guardian ad litem is not a request for a ruling in your favor. It asks the judge to add a person whose job is tied to the child rather than to either parent. The statute says the appointee is not meant to act as a substitute judge. The judge still hears the evidence and decides.

Three roles: guardian ad litem, child representative, attorney for the child

People often say "GAL" for all three, but Section 506(a) creates three different jobs. Your motion should name the one you want and explain why.

Our earlier article on the role of a guardian ad litem in Illinois custody cases covers what these professionals do day to day. This guide focuses on how to ask for one.

When to ask the court for an appointment

Any party may file the motion. In most cases that is a parent in a divorce, an allocation case between unmarried parents, a parentage case or a post-decree case. Parents often ask when they give the judge sharply different accounts of the child's home life, school, health or safety, or when a child is old enough to have views the court should hear through someone other than a parent.

Under Section 506(a-5), the judge must consider the nature and adequacy of the evidence the parties will present, whether other sources of information are available, such as social service organizations or mental health evaluations, and the resources available to pay. A judge may decline if records can answer the question, or may choose a narrower role.

Deadlines that affect timing

Ask early. A guardian ad litem's report is due at least 30 days before the final hearing or trial unless the court orders otherwise, so a late request can push back a trial date. Illinois Supreme Court Rule 922 also calls for allocation cases to be resolved within 18 months of service, unless the time is extended for good cause. A second appointment later in the case requires good cause and specific findings under Section 506(a-3).

If a child faces immediate danger, a guardian ad litem motion is not the fastest tool. Read our guide to emergency motions to limit parenting time and talk with a lawyer the same day.

The motion to appoint and what the order says

In Cook County, a motion to appoint a guardian ad litem is heard in the Domestic Relations Division, at the Richard J. Daley Center or a suburban district courthouse, in the case that is already pending. A typical sequence:

1. Confirm the case and calendar. The motion is filed in the existing divorce, allocation, parentage or post-decree case.
2. Choose the role. Explain why a guardian ad litem, a child representative or an attorney for the child fits the issues.
3. Draft the motion. Describe the issues the appointee should address, the reasons tied to the Section 506(a-5) factors, a proposed retainer and fee split and, if you have one, a suggested name.
4. File and give notice. Serve a notice of motion with the hearing date on the other party or that party's lawyer, and check the judge's standing order for courtesy copies and remote hearing details.
5. Present the motion. The judge may grant it, deny it, choose a different role or person, or narrow the issues.
6. Read the order. Cook County Circuit Court Rule 13.4(b) says these appointments follow the Act and Supreme Court Rules 906 and 907, and the order provides that the appointment ends 30 days after the final allocation judgment unless extended. Rule 907(b) requires an order allowing the appointee access to the child and relevant documents.

Cook County's Domestic Relations Division keeps a court-approved list of attorneys who serve in these roles under Cook County Circuit Court Rule 13.9. You can suggest a name, but the judge makes the appointment.

Fees and retainer allocation

There is no rule that the parent who asks must pay. Under Section 506(b), the court enters an order for fees, costs and a retainer when it makes the appointment. Payment can come from either or both parents, another party or source, the marital estate or the child's separate estate. The appointee files a detailed invoice within 90 days of appointment and every 90 days after that, with a copy to each party, and the court approves fees that are reasonable and necessary. Unless the court orders otherwise, these fees are treated as being in the nature of child support for bankruptcy purposes.

What to bring to the hearing

• Your case number, the current orders and any parenting plan.
• A short, dated timeline of the concerns about the child.
• School, medical or counseling records you already have, plus names of the child's providers.
• Your income information, so the judge can divide the retainer.
• A proposed order for the judge to review.

Court-ordered evaluations under 604.10

A guardian ad litem is different from a custody evaluation. 750 ILCS 5/604.10 gives the court three other tools:

• Court's professional, Section 604.10(b). The court may seek written advice from a professional, due to counsel and the court at least 60 days before the hearing. The parties pay, subject to reallocation.
• Party-retained evaluation, Section 604.10(c). On a timely motion that names the evaluator and the evaluator's discipline, the court must order the evaluation unless it is untimely or not in the child's best interests. The requesting party pays unless the court orders otherwise, and the report must reach the attorneys at least 60 days before the hearing.
• Investigation, Section 604.10(d). The court may order an investigation and report by a qualified agency or individual.

Each report must describe the procedures used, the data collected, test results, conclusions, recommendations and any limitations. In Cook County, Rule 13.4(d) also allows referrals to the Cook County Department of Adoption and Family Supportive Services and to Forensic Clinical Services. Our article on mental health evaluations in Illinois custody cases explains how evaluations are used.

Working with the guardian ad litem during the case

Supreme Court Rule 907 sets minimum duties. As soon as practicable, the appointee interviews the child, or observes a child too young to interview, and takes reasonable steps to gather information, including interviews with family members and others who know the child. The appointee also tries to resolve the dispute by agreement when that serves the child.

• Answer requests promptly and send records in an organized way.
• Stick to facts and dates. Leave out insults about the other parent.
• Let your child speak for themselves. Do not coach or rehearse.
• Pay your share of the retainer on time.
• Remember that a guardian ad litem is not your lawyer, and what you say can appear in the report.

If you disagree with the final report, your lawyer can depose the guardian ad litem, cross-examine on the report and present your own evidence.

What the other parent can do

The other parent can agree, object that no appointment is needed, argue for a different role, object to a specific person, ask the court to narrow the issues or propose a different fee split based on income. Later in the case, either side can ask for an additional appointment for good cause or for an evaluation under Section 604.10.

Common mistakes to avoid

• Treating the appointment as a way to win. The appointee works toward the child's interests, not yours.
• Asking too close to trial. The 30-day report rule and the 60-day evaluation deadlines can force a delay.
• Leaving the fee question open. An unpaid retainer can stall the investigation.
• Sending long emotional messages. Short, factual updates with records are easier to use.
• Ignoring the order's scope. The appointee addresses the issues the judge sets.

How Chicago Family Attorneys can help

Chicago Family Attorneys handles family law only, from an office at 53 W Jackson Blvd, Suite 752, in the Chicago Loop, and serves Cook, DuPage, Will and Lake Counties. Attorney Aaron Korson can review whether an appointment fits your case, draft the motion and proposed order, argue the fee allocation, prepare you for interviews and review a report or evaluation. See our Chicago child custody services page and our parental alienation services.

• Limited-scope drafting. Drafting a motion for you to file is a flat fee starting at $500.
• One hearing appearance. Appearing for you at a specific hearing is a flat fee starting at $1,200. See our limited-scope fees.
• Full representation. An initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See our child custody fees.

Court costs and the appointee's or evaluator's fees are separate. For an overview of the full process, read allocation of parental responsibilities in Illinois and what a child custody lawyer does.