If you’re reading this, there’s a good chance someone — your attorney, your spouse’s attorney, or a judge — just mentioned the words “guardian ad litem” in connection with your custody case. Maybe one has already been appointed. Either way, you probably have questions, and the uncertainty of not knowing what this person’s role is or how much power they have can feel overwhelming on top of everything else you’re already dealing with.
Here’s what this page will do: explain what a guardian ad litem is under Illinois law, what their role involves, and how you can navigate the process. No vague reassurances — just the information you need to understand what’s happening in your case.
What Is a Guardian Ad Litem in Illinois?
A guardian ad litem — commonly called a “GAL” — is an attorney appointed by the court to independently investigate what arrangement serves your child’s best interests and then report those findings back to the judge. The authority for this appointment comes from Section 506 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506).
A GAL is not your attorney. They’re not your spouse’s attorney either. They don’t represent either parent. Their job is to serve as the court’s independent eyes and ears on questions involving your child’s welfare — particularly when parents disagree about parenting time, decision-making responsibilities, or when there are concerns about a child’s safety.
The court can appoint a GAL on its own initiative or at the request of either party. The appointment typically arises in proceedings involving the allocation of parental responsibilities, and the court has discretion over whether the circumstances warrant one. Your attorney can advise you on what triggered the appointment in your specific case and what it means going forward.
How a GAL Differs From Other Appointed Roles
Illinois law allows the court to appoint an attorney to serve in different capacities when a child’s interests are at stake. A GAL is one of those roles, but it is not the only one — the court may also appoint a child representative or an attorney for the child under Section 506. These roles differ in important ways, including how the attorney communicates with the court and what obligations they have to the child. If an attorney has been appointed in your case, ask your lawyer which role was assigned and what the practical differences mean for how your case will proceed.
What Does a Guardian Ad Litem Actually Do?
The GAL’s role centers on investigation. In general, a GAL will look into the facts of the case and gather information from both parents and the child. In practice, that process typically includes interviews with both parents, one or more conversations with the child or children, home visits, a review of relevant records, and observation of how each parent interacts with the child.
The GAL then provides recommendations to the court based on those findings. Your attorney has the opportunity to question the GAL’s factual basis and reasoning, which means the GAL’s conclusions are not simply accepted without scrutiny.
Both GALs and child representatives can petition the court for their fees under 750 ILCS 5/506(b), so the GAL is an active participant in the case from appointment through resolution.
The Best Interest Standard: What the GAL Is Evaluating
A GAL isn’t investigating based on gut feeling or personal preference. Illinois law requires courts to allocate parental responsibilities — both decision-making and parenting time — according to the child’s best interests. The GAL’s investigation is oriented toward gathering the information the court needs to make that determination.
The specific factors a court considers are set out in the Illinois Marriage and Dissolution of Marriage Act. Your attorney can walk you through which factors are most relevant to your situation, but at a general level, the inquiry focuses on what arrangement best supports the child’s stability, health, and relationships.
One area that surprises many parents: Illinois law generally operates on the assumption that children benefit from meaningful contact with both parents. A parent who undermines or disparages the other parent’s relationship with the child may be viewed unfavorably, and this is something to be mindful of throughout the process.
The GAL’s recommendations often carry weight with the court, but the recommendation is not the final word. Your attorney can present competing evidence, and the decision ultimately belongs to the judge.
How GAL Fees Work in Illinois
GAL appointments cost money, and that’s a concern most parents share. Under 750 ILCS 5/506(b), both GALs and child representatives can petition the court for fees. The court enters an order for costs, fees, and disbursements — including a retainer — and has discretion to allocate those fees between the parents.
If you have concerns about the cost of a GAL appointment, raise them with your attorney early. There may be options for how fees are structured or allocated that are worth discussing before or at the time of appointment.
How to Work With a GAL in Your Case
Understanding how the process works is one thing. Knowing how to conduct yourself throughout it is another. A few practical principles can make a real difference.
Cooperate fully and respond promptly to the GAL’s requests for interviews, access to your home, and documentation. The GAL has been given investigative authority by the court, and reluctance or obstruction will be noted.
Be honest. GALs are experienced attorneys who interview people for a living. Inconsistencies between what you say and what the evidence shows will undermine your credibility far more than an uncomfortable truth would.
Do not coach your children on what to say to the GAL. Trained investigators can usually detect coached responses, and the attempt itself reflects poorly on the parent who engaged in it.
Keep your home environment stable and child-focused. The GAL may visit your home, and what they observe about the living conditions, routines, and the child’s comfort in that environment will factor into their assessment.
Do not disparage the other parent in front of the children or in conversations with the GAL. Your demonstrated willingness to support the child’s relationship with the other parent is something that matters in these cases.
Finally, remember that a GAL recommendation is influential but not dispositive. Your attorney can challenge the basis of the recommendations and present evidence that supports a different outcome. The judge makes the decision, not the GAL.
When Courts Appoint a GAL in DuPage County
If your case is in DuPage County, common scenarios that lead to GAL appointments include high-conflict custody disputes where the parents present sharply different accounts of the family situation, allegations of parental unfitness or substance abuse, and cases involving safety concerns affecting the children. In any situation where the court concludes that an independent investigation would help it determine the child’s best interests, a GAL appointment is on the table.
At Lafata Law, attorneys Megan Lafata and Tom Elsner bring a perspective shaped by their combined fifteen years as DuPage County prosecutors — Megan for seven years, Tom for eight. Between them, they’ve tried over 200 cases to verdict. That courtroom experience matters when a GAL has been appointed in your case, because understanding how investigations are conducted, how testimony holds up under questioning, and how to effectively present competing evidence are skills built through trial practice.
Talk to an Attorney Who Understands the GAL Process
If a guardian ad litem has been appointed in your custody case — or if you believe one may be — the way you and your attorney respond to that process matters. Having legal counsel who understands how GAL investigations work and how to advocate effectively within that framework can make a meaningful difference. Contact Lafata Law to discuss your situation.
