What Does it Mean if a Guardian ad Litem Gets Involved in My Custody Case?

 Posted on October 28, 2022 in Divorce / Family Law

Almost no parent wants to be involved in a contested child custody case. When a case involving parenting time arrangements and the allocation of parental responsibilities must be decided by the court, rather than the parents, it is quite normal for the parents to feel nervous. The outcome of a child custody case is not always predictable. You may feel as if you have been left in a state of limbo, uncertain as to how your relationship with your child will continue in the future.

If you learn that a guardian ad litem has been appointed to your case, you may not be certain exactly what a guardian ad litem does, or how the presence of one may affect your case. Fortunately, you can rest assured that bringing in a guardian ad litem is a very normal part of a child custody dispute. The role of the guardian ad litem is simply to conduct an independent investigation into what type of arrangement is likely to be in the child’s best interests and to report the results to the court and the parties. If you are involved in disputed custody proceedings, it is critical that you have strong legal representation.

Understanding Why a Guardian ad Litem May be Appointed

It can be very challenging for a judge to determine what type of parenting plan may be best for the child using only the limited information presented in the normal course of courtroom proceedings. Many children are shy in court, or have been coached by a parent. Parents are likely to offer conflicting information. For these reasons, a court in Illinois may find it helpful to appoint a neutral, trusted, guardian ad litem to make independent findings.

What Will the Guardian ad Litem do?

The guardian ad litem’s job is to make findings regarding the child’s best interests. They will likely speak with each involved child individually in order to get a better sense of each child’s needs, preferences, and other interests. They may also interview you and the child’s other parent. The guardian ad litem will then either prepare a written report to submit to the judge, or they will be called to testify while the judge is attempting to determine what is best for the child.

Contact a Kane County Child Custody Attorney

Loire Krajniak Law, LLC is committed to helping parents protect the important bond they share with their children. As an experienced Geneva child custody lawyer, Attorney Krajniak will fight for you to continue spending as much time with your children as possible. Call 630-448-2406 for a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K506