Child Custody Disputes and the Role of the Guardian ad Litem

 Posted on December 00,0000 in Child Custody

In divorce cases that are less-than-amicable, things can get heated and they usually get heated quickly. While most divorce cases involve children, those cases can often be the most stressful to deal with. Each parent truly wants what is best for their child, but because of the situation, thoughts on what is best for the child may become skewed or muddied with all of the other feelings that the parent may be feeling toward their spouse. In situations like these, the judge or either of the parents is allowed to request a guardian ad litem (GAL) to be a part of any child-related decisions.

What Is a Guardian ad Litem?

In Latin, guardian ad litem literally translates to “guardian for the lawsuit.” In modern-day divorce cases, a guardian ad litem is typically assigned to cases when they are ordered by the judge, but either spouse of the divorce can request a guardian ad litem for their child. The guardian ad litem is a guardian appointed to your specific case and is tasked with the role of protecting the interests of the child.

Duties of the Guardian ad Litem

In divorce cases that involve a guardian ad litem, that person is tasked with the responsibility of compiling a written report containing his or her recommendations when it comes to the best interest of the child. In a way, the guardian ad litem acts like the court’s investigator and will interview the child, both parents and any other person who should be interviewed in order to make a justifiable decision. The guardian ad litem can also be called to testify with his or her recommendations.

A Knowledgeable DuPage County Family Law Attorney Can Help

There are many issues that must be settled when you get a divorce. While all of those issues are important, the most critical issues are the ones that directly affect your children. If you are concerned about protecting your child’s best interests, you can request a guardian ad litem to be assigned to your case. The Law Office of Matthew M. Williams, P.C. can help you understand what the guardian ad litem’s role is and how it can benefit your case. Our skilled Aurora, IL divorce attorneys will help you fight for the best result possible. Call our office today at 630-409-8184 to schedule a consultation.

Sources:

http://www.cookcountycourt.org/ABOUTTHECOURT/CountyDepartment/DomesticRelationsDivision/ChildRepGuardianAdLitemGAL.aspx

https://www.law.cornell.edu/wex/guardian_ad_litem

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59