Representatives for the Kids in Child Custody Matters

 Posted on December 00, 0000 in DuPage County divorce lawyer

Making determinations about child custody is a difficult matter for even the most training judges. That’s why, in some situations, the court will appoint a guardian ad litem, attorney for the child, or child representative to represent the interests of the child or children. If parents cannot reach an agreement with regard to child custody with one another or through their divorce attorneys, a guardian ad litem may be appointed. In other situations, the court might recommend the appointment of an attorney for the child or a child representative.

In Illinois, the guardian ad litem must be a licensed attorney per statute guidelines. The GAL is responsible for investigating the case and generating a report with all necessary information. This report is then presented to the court with a recommendation for custody. Either parent will retain the right to cross-examine the GAL and none of the communication had with a guardian ad litem in the fulfillment of his or her duties is considered privileged.

An attorney for the child is actually legal representation for the minor individual or individuals. In this scenario, the same privileges that exist in a normal attorney-client relationship are enjoyed by the child. The attorney can file pleadings and carry out other litigation-related duties, too. In most cases, an attorney for the child will be appointed when the minor child is older and may be able to better understand the difficult situation unfolding around him or her.

Finally, a child representative is essentially a cross between an attorney for the child and a guardian ad litem. Like a GAL, this individual has investigative powers. Like an attorney for the child, this individual has the opportunity to file pleadings on the child’s behalf.

If you are going through a complex child custody case, you need an attorney you can trust and depend on for this crucial matter. An experienced Illinois child custody attorney will be able to prepare you for how to interact with these other players in your case.