When is a Guardian Ad Litem Necessary?

 Posted on January 12, 2026 in Family Law

As of 2026, Illinois courts continue to use guardians ad litem in custody and divorce cases where the child’s needs are unclear or disputed. Guardian ad litem appointments are not routine in custody and divorce cases, but they become critical when a judge needs independent information about a child’s best interests.

In 2025, family law data showed that only a small percentage of child custody cases require direct court intervention, which means guardians ad litem are typically reserved for the most contested or concerning disputes. These appointments usually signal that the court believes the child’s needs cannot be fully evaluated based only on the parents’ claims.

If you are involved in a high-conflict custody or divorce case, our Kane County, IL family lawyers can help you understand when a guardian ad litem may be necessary and how that appointment can affect your case.

What Is a Guardian Ad Litem in an Illinois Custody or Divorce Case?

A guardian ad litem, otherwise known by the acronym GAL, is a court-appointed attorney whose role is to represent the child’s best interests. The GAL does not represent either parent and does not act as the child’s personal attorney.

Under 750 ILCS 5/506, Illinois courts may appoint a guardian ad litem when they believe the child’s interests require independent investigation and reporting. The GAL gathers information and provides recommendations to help the judge make informed custody and parenting time decisions.

When Do Illinois Courts Decide a Guardian Ad Litem Is Necessary?

Courts do not appoint a GAL in every case. They are typically used in higher-conflict custody or divorce cases. A judge may consider appointing a guardian ad litem when:

• Parents make serious accusations against one another.

• There are concerns about abuse, neglect, or substance use.

• One parent claims the other is interfering with parenting time.

• The child’s needs or preferences are unclear or disputed.

The purpose is not to punish either parent. The goal is to ensure the court receives reliable, child-focused information.

What Does a Guardian Ad Litem Actually Do During the Case?

A GAL conducts an independent review of the family situation. This review goes beyond what is presented by the parents in court. They may interview parents and children, speak with teachers or healthcare providers, review school or medical records, and observe parenting time when appropriate. After completing the investigation, the GAL provides findings or recommendations to the judge.

How Does a Guardian Ad Litem Affect Custody and Parenting Time Decisions?

Judges are not required to follow a GAL’s recommendations, but those recommendations often carry significant weight.

Under 750 ILCS 5/602.7, courts must decide parenting time based on the child’s best interests. A GAL’s report can strongly influence how a judge applies those factors, especially when the parents’ accounts conflict.

Can Parents Object to the Appointment of a Guardian Ad Litem?

Parents may raise objections, but the final decision rests with the court. Judges have broad discretion to appoint a GAL when they believe it is necessary.

In some cases, parents may challenge the scope of the GAL’s role, the cost, or specific findings. These concerns must be raised carefully and supported by facts rather than emotion.

Who Pays for a Guardian Ad Litem in Illinois?

In most cases, the parents pay for the guardian ad litem. Courts may divide the cost between the parties or allocate fees based on each parent’s financial situation. Judges have discretion to determine how GAL fees are handled. Cost alone rarely prevents an appointment if the court believes the child’s interests require one.

How Should Parents Act When a Guardian Ad Litem Is Involved?

When a GAL is appointed, a parent’s behavior is part of their investigation. Helpful steps for parents who are concerned about how they may appear to the court include:

• Following all court orders

• Communicating calmly and respectfully

• Keeping accurate records

• Staying focused on the child rather than conflict

Courts tend to view cooperation and stability favorably.

Schedule a Free Consultation With Our Geneva, IL Family Law Attorneys

A guardian ad litem can play a major role in custody and divorce decisions. At Serrano Hanson & Hurtado, LLC, our attorneys bring years of experience and have served as criminal defense attorneys, prosecutors, clerks for judges, and in other legal roles that provide valuable insight into how courts evaluate family law cases. Call 630-844-8781 to schedule a free consultation with our Kane County, IL family lawyers today. Se Habla Español.