Updated: Oct 18, 2026
Understanding The Role of a Guardian ad Litem in Illinois Child Custody
Navigating the complexities of family law can be particularly challenging when children are involved. In Illinois, a critical figure in ensuring that a child's best interests are represented during legal proceedings is the Guardian ad Litem (GAL). This guide explains the role of a GAL, how one is appointed, who pays, the GAL's duties and how the GAL's work fits into allocation of parental responsibilities (custody) and parenting time cases in Chicago and Cook, DuPage, Lake and Will Counties.
Whether you are litigating a child custody case in Cook County, DuPage County, Will County, or Lake County, a Guardian ad Litem can play a pivotal role in the outcome of your child custody case. It is important to understand how they can impact court rulings from the Circuit Court and how you can work with them for the best interest of your child.
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Explore this topicWhat is a Guardian ad Litem?
In short: A guardian ad litem (GAL) in Illinois is a lawyer the judge appoints in a family case to investigate the facts and give the court a written report, recommendations or a proposed parenting plan about what serves the child's best interests. The GAL does not represent either parent or act as the child's own lawyer, and the judge makes the final decision.
Section 506(a) of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/506, lets the court, on its own motion or at a party's request, appoint an attorney in cases about support, custody and visitation (now called allocation of parental responsibilities and parenting time), education, parentage, property interests or a child's general welfare. That attorney serves in one of three roles: attorney for the child, guardian ad litem or child representative. Every appointee under Section 506 is a licensed attorney, and Illinois Supreme Court Rule 906 directs each judicial circuit to set qualifications and education requirements for attorneys appointed to represent children in these cases.
Guardian ad Litem, Child Representative or Attorney for the Child
A guardian ad litem is not the same as an attorney for the child. An attorney for the child gives the child independent legal advice and owes the child the same loyalty and confidentiality owed to an adult client. A child representative takes a position on the child's best interests and argues it in court. A guardian ad litem investigates and reports to the court. The table compares the three roles under Section 506(a).
| Question | Attorney for the child | Guardian ad litem | Child representative |
|---|---|---|---|
| Who the role serves | The child, as a client | The court and the parties, through a report on the child's best interests | The child's best interests, as the child representative finds them |
| Main duties | Gives the child independent legal advice, with undivided loyalty, confidentiality and competent representation | Investigates the facts, interviews the child and the parties, and submits a written report, written recommendations or a proposed parenting plan at least 30 days before a final hearing or trial, unless the court directs otherwise | Meets with the child and the parties, investigates, encourages settlement and alternative dispute resolution, and takes part in the litigation like an attorney for a party |
| Witness? | Section 506 does not make this attorney a witness | Yes. The report or recommendations are admitted without the need for foundation, the GAL must be available for deposition, and the GAL can be cross-examined about them | No. The child representative gives no opinion, recommendation or report and is not called as a witness |
| What the child says | Confidential, as with an adult client | Section 506 sets no confidentiality rule for the GAL | Not disclosed, except as the law or the Rules of Professional Conduct require |
Section 506(a-5) adds that no appointee serves as a surrogate judge. The judge weighs the evidence and decides.
Best Interests of the Child
The concept of the "best interests of the child" is a guiding principle in family law, particularly in cases involving custody and visitation rights. This principle mandates that all decisions made by the court concerning the child’s care, custody, and control should prioritize the child’s overall well-being. The GAL plays a critical role in this process by conducting independent investigations that often include:
Interviewing the child to understand their wishes and feelings, if they are of an appropriate age and maturity level to express them.
Assessing the parents' ability to meet the child's needs, considering factors such as emotional stability, financial resources, and the quality of the parent-child relationship.
Reviewing relevant documents such as school and medical records, which can provide insight into the child’s development, health, and emotional well-being.
The GAL's goal is to make sure the court has the information it needs to decide what serves the child's best interests. The GAL's report or recommendations may address a parenting schedule, the allocation of significant decision-making responsibilities or other parenting arrangements that fit the child's needs.
Laws Appointing a Guardian ad Litem in Custody Disputes
The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506) provides the statutory framework governing the appointment and duties of a Guardian ad Litem. According to Section 506(a), GALs can be appointed in various family law proceedings, including those involving child custody, the allocation of parental responsibilities, and visitation rights. The law outlines the GAL's responsibility to investigate the child's circumstances and make recommendations that reflect the best interests of the child, ensuring that their voice is heard in the legal process.
A guardian ad litem is not an advocate for either parent and is not the child's own attorney. The GAL's investigation and report can be especially useful in contested cases where parents give the court very different accounts of the child's needs.
Who Pays for a Guardian ad Litem in Illinois?
Under 750 ILCS 5/506(b), when the court appoints a guardian ad litem, it enters an order for costs, fees and disbursements, which can include a retainer. The court can order payment by either or both parents, by another party or source, from the marital estate or from the child's separate estate.
The GAL must file a detailed invoice within 90 days of the appointment and every 90 days after that, with a copy to each party. The judge approves fees that are reasonable and necessary. Unless the court orders otherwise when it approves them, the fees are treated as support for the child and fall within the exceptions to discharge in bankruptcy.
In Cook County, the Domestic Relations Division explains that if the parties cannot afford a GAL, child representative or attorney for the child, the court may appoint a child representative from the Office of the Cook County Public Guardian, which charges sliding scale fees, or a pro bono child representative or GAL from the division's approved roster. A Public Guardian appointment may be made when all parties and children live in Cook County, at least one party has a lawyer and the parties have tried mediation. See the court's page on guardians ad litem, child representatives and attorneys for the child.
Rates and retainers vary by appointee and are set in the court's order, so check the appointment order before assuming who pays and how much.
How to Ask the Court to Appoint a Guardian ad Litem
Either parent can ask by motion, or the judge can appoint a GAL on the court's own motion. Under Section 506(a-5), the court considers the nature and adequacy of the evidence the parties will present, other ways to get the information, such as social service organizations and evaluations by mental health professionals, and the resources available to pay. The appointment order should say which role the attorney will serve in and which issues to address.
The firm's step-by-step guide on how to request a guardian ad litem in Illinois covers the motion, the order and the retainer. If the court is also considering an evaluation, see how a mental health evaluation can affect a parenting case. For how judges divide decision-making and parenting time, read allocation of parental responsibilities in Illinois.
The Role of a Guardian ad Litem in Illinois Family Law
In Illinois family law, the Guardian ad Litem (GAL) plays an important role, especially in cases about the allocation of parental responsibilities and parenting time. The GAL's primary responsibility is to make sure the court has a thorough understanding of the child's circumstances, so it can make decisions that prioritize the child's best interests. That work involves investigation, reporting and taking part in court proceedings as the court allows.
Comprehensive Investigation
One of the core duties of a Guardian ad Litem is to conduct an in-depth investigation into the child’s living situation. This investigation is crucial in child custody cases, where the court must determine which parent can provide a stable and nurturing environment for the child. The GAL’s investigation includes several critical steps:
Interviewing Key Individuals
The GAL interviews a wide range of individuals who play significant roles in the child's life, including:
Parents: The GAL speaks with both parents to understand their perspectives, concerns, and the type of relationship they have with the child. This helps the GAL assess each parent's ability to meet the child's emotional, educational, and physical needs.
The Child: When appropriate, the GAL interviews the child to gain insight into their wishes, feelings, and experiences. This is particularly important in Illinois child custody cases, where the child's preferences may influence the court’s decision, provided the child is of a suitable age and maturity.
Other Relevant Individuals: The GAL also gathers information from teachers, doctors, family members, and any other individuals who have a meaningful relationship with the child. This diverse array of perspectives helps the GAL form a complete picture of the child’s day-to-day life and overall well-being.
Reviewing Critical Documents
To ensure that all aspects of the child's life are considered, the GAL meticulously reviews pertinent documents, including:
School Records: These provide valuable insights into the child’s academic performance, behavior in school, and social interactions with peers. Any issues such as attendance problems, learning difficulties, or behavioral concerns are taken into account.
Medical Records: The GAL examines medical records to understand the child's health, including any ongoing medical conditions, treatments, or special needs that might impact custody or parenting time arrangements.
Other Pertinent Information: Depending on the case, the GAL may also review psychological evaluations, therapy reports, or any other documentation that could influence the child’s welfare.
This comprehensive investigation allows the GAL to gather a complete understanding of the child’s needs and the environment each parent can provide, ensuring that the court makes a well-informed decision in line with the child’s best interests.
How Parents Can Prepare for the Guardian ad Litem
- Read the appointment order. It tells you whether the attorney is a GAL, a child representative or an attorney for the child, and which issues the court wants addressed.
- Gather records the GAL may ask for: school records, medical and counseling records, activity schedules, and the current parenting schedule or temporary order.
- Write a short, dated timeline of the facts that matter to the child's needs. Keep opinions separate from what you saw.
- Answer the GAL's requests and pay any ordered retainer or invoice on time.
- Do not coach the child or ask the child to take sides.
- Plan ahead for the report. Unless the court directs otherwise, it is due to the court and the parties at least 30 days before a final hearing or trial. You or your lawyer can depose the GAL before trial and cross-examine the GAL about the report.
A lawyer can help you prepare for the GAL interview and review the report. See what a child custody lawyer does and the firm's child custody fees.
Detailed Reporting
After gathering all relevant information through interviews and document reviews, the Guardian ad Litem prepares a detailed report for the court. This report is a critical component of the GAL's role, as it synthesizes the findings of the investigation and provides clear, objective recommendations regarding custody and parental responsibilities.
Contents of the Report
The GAL’s report typically includes:
Findings: A summary of the information gathered during the investigation, including the child’s current living situation, the quality of their relationships with both parents, and any significant concerns or issues identified.
Recommendations: Based on the findings, the GAL makes recommendations to the court about which custody arrangement or allocation of parental responsibilities would best serve the child's needs. These recommendations are grounded in the "best interests of the child" standard, which is the guiding principle in Illinois family law.
Influence on Court Decisions
The judge can consider the guardian ad litem's report and recommendations along with all the other evidence. Under Section 506(a)(2), the GAL's written report or recommendations are admitted into evidence without the need for foundation, and either party can cross-examine the GAL about them. Section 506(a-5) adds that no appointee serves as a surrogate judge. The judge weighs the evidence and decides.
Taking Part in Court Proceedings
The GAL's role in court is set by Section 506 and the appointment order. At the judge's discretion, a guardian ad litem may be present for all proceedings, including in camera examinations of the child (private interviews with the judge), may issue subpoenas for records as part of the investigation and may file pleadings on procedural matters. Arguing for a particular outcome is the role of a child representative, not a guardian ad litem.
Testifying in Court
The GAL can be called as a witness so the parties can cross-examine the GAL about the report or recommendations. The GAL must also be available for a deposition before a final hearing or trial, even after other discovery deadlines have passed. The judge decides how much weight the GAL's views deserve.
Keeping the Focus on the Child
Throughout the case, the GAL's work centers on the child's best interests rather than on either parent's goals. That focus helps keep the child's needs in view when parents disagree.
Illinois Law on Guardian Ad Litem Investigations and Reports
Section 506(a)(2) of the Illinois Marriage and Dissolution of Marriage Act sets the guardian ad litem's duties: investigate the facts of the case, interview the child and the parties and, unless the court directs otherwise, submit a written report, written recommendations or a proposed parenting plan to the court and the parties at least 30 days before a final hearing or trial. The current text of Section 506 reflects Public Act 103-126, effective January 1, 2024. Read the full section on the Illinois General Assembly website.
Summary on Working With Guardians ad Litem in Illinois Divorces and Custody Cases
The involvement of a Guardian ad Litem in Illinois child custody cases can significantly influence the outcome, making it essential for parents to understand their role and how to effectively work with them. Whether you are dealing with a contentious divorce or a complex custody dispute in Chicago or in Cook, DuPage, Lake or Will County, the insights and recommendations provided by a GAL are pivotal to ensuring that the court makes decisions in the best interests of your child.
Chicago Family Attorneys handles allocation of parental responsibilities and parenting time cases in Cook, DuPage, Lake and Will Counties, including cases where the court appoints a guardian ad litem, child representative or attorney for the child. The firm can review the appointment order with you, help you organize records for the GAL and represent you at hearings. Limited scope help is also available: drafting a motion for you to file starts at $500, and one hearing appearance starts at $1,200. Call 312-965-5618 or book a free consultation.
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