What Is a Guardian ad Litem?

 Posted on March 31, 2026 in Guardian ad Litem

Geneva family law attorneyWhen parents cannot agree on custody or parenting arrangements, family courts have several tools to help reach a resolution. One of the most used options is a guardian ad litem, often called a GAL. Guardians ad litem are used as representatives of children’s best interests during custody battles. They can either be appointed by the court or asked for by parents in their own case.

Knowing what exactly a guardian ad litem means for your case will help you work effectively with them. Our Geneva family law attorneys can help you understand what to expect and how to approach this process with confidence.

What Does a Guardian ad Litem Do in Illinois Custody Cases?

Under 750 ILCS 5/506, a GAL may be appointed in cases involving the allocation of parental responsibilities, relocation disagreements, or other child-related issues where the court needs an objective person to make sure any decisions made won’t negatively affect the child.

It‘s important to understand what a GAL is not. A GAL isn’t a lawyer for your child, though they will testify in court if needed. A GAL also isn’t a lawyer for either parent. They are not a therapist, a counselor, or an advocate for either side. Their only job is to make sure the court has good information about what is in the child’s best interests.

Some parents mistakenly believe a GAL will take their side or help make their spouse look bad. This is a false impression and will negatively impact you and your case if you try to use them like this. A GAL's job is to find the truth, not to win an argument for anyone.

A guardian ad litem is always a licensed attorney in Illinois in 2026. Each county maintains its own list of available GALs. The court selects from that list when a GAL is needed. These are often where the dispute has become highly contentious, and the parents are no longer able to remain objective about what the child actually needs.

What Kind of Information Does a Guardian Ad Litem Get for the Court?

A Guardian ad Litem is called for because the court wants to know more about the child’s life and living situation. A GAL will collect whatever information that paints that picture for the judge. This includes the child’s schedule, their home life, what their relationships are like, how they’re doing in school, and what kinds of activities they’re involved in.

How Does a Guardian ad Litem Gather Information?

Once appointed, a GAL conducts an independent investigation. This is usually a thorough process that can include interviews with both parents, the child, and others who play a meaningful role in the child's life, such as teachers, grandparents, coaches, or new partners. The GAL may also visit each parent's home to observe the living environment firsthand.

Who Might the GAL Interview?

The GAL has broad authority to speak with anyone who has insight into the child's life. People commonly interviewed include:

  • Each parent (separately)

  • The child, depending on their age and maturity

  • Teachers or school counselors

  • Coaches, pediatricians, or therapists

  • Grandparents or extended family members

  • Other household members

Beyond interviews, the GAL can review school records, medical histories, prior court filings, and financial documents. Any information that helps clarify what environment, schedule, or arrangement would best serve the child is fair game.

What Happens After the Guardian ad Litem Finishes the Investigation?

After completing the investigation, the GAL prepares a written report with a recommendation for the court. The recommendation addresses what decisions the GAL believes would best serve the child's needs and long-term wellbeing.

Courts give this report considerable weight. The attorneys for both parents have the right to question the GAL about their findings, their methods, and their conclusions. The judge is not required to follow the GAL's recommendation in full, but it is given serious consideration and often shapes the final outcome significantly.

What Should You Do During a Guardian ad Litem Investigation?

You may be worried about all these interviews and investigations into your child’s life. If you’re truly doing your best to meet your child’s needs, you have nothing to worry about. But do bear in mind that how you behave during a GAL investigation is important. Here are a few pointers:

  • Be honest and cooperative during your interview

  • Don’t attempt to coach your child on what to say

  • Avoid speaking negatively about the other parent in front of the GAL or your child

  • Keep your home clean, organized, and child-friendly before any home visit

  • Provide requested documents promptly

Don’t try to win the GAL over with fake emotion. The GAL is trained to spot inconsistencies and can usually tell when a parent is posturing rather than being genuine.

Call a Kane County, IL Family Law Attorney Today

Custody disputes feel high-stakes because they are. Because of this, you deserve to have someone who will tailor their approach to your needs, whether the case is resolved through negotiation or requires going to court. Our Geneva custody lawyers at The Law Offices of Douglas B. Warlick & Associates are trained in collaborative law and are fully prepared to litigate when necessary. We offer the personalized attention of a boutique firm to every client. Contact The Law Offices of Douglas B. Warlick & Associates at 630-232-9700 to schedule your consultation today.​

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