Why Being Assigned a GAL Is Not Necessarily Cause for Panic

 Posted on December 06, 2024 in Family Law

Sometimes, when parents are involved in a contentious Illinois custody dispute, the court will appoint a Guardian ad Litem (GAL) to help determine what is in the child’s best interest. Unfortunately, the role of a GAL is often misunderstood, causing worry and anxiety among parents who think it could be bad for their case. 

The truth is that having a GAL involved does not mean that you are losing your case or will end up with an unfavorable outcome. In fact, a GAL can be a helpful part of the legal process, especially when the parents understand what it means and can approach this development with the right mindset. To learn more about the implications of having a GAL appointed to your case, speak with an experienced Lombard, IL custody lawyer.

What Does a Guardian ad Litem Do?

A Guardian ad Litem (GAL) is a court-appointed professional whose job is to represent a child’s best interests during a custody dispute. The GAL does not choose sides with either parent but makes the child’s well-being the primary focus. A GAL can be an attorney, social worker, or psychologist, depending on the case. He or she works by gathering information, speaking with the child, and observing family dynamics. Ultimately, the GAL makes recommendations to the court regarding custody, visitation, and other matters.

The GAL is not a judge and does not make decisions about your case. He or she is there to investigate and advocate for the child’s best interests, without the authority to make custody decisions. Ultimately, the judge will consider the GAL’s recommendations along with all other evidence and testimony before making a final ruling. The GAL’s report is only one part of the larger picture.

A GAL Is There to Help, Not to Harm

Many parents worry that if a GAL is involved in their case, it means the court is suspicious of their parenting or that they will end up with a worse custody deal. In truth, the GAL is there to provide valuable insight. Courts often assign a GAL when the situation is complicated or when there are concerns about the child’s welfare, but this does not necessarily mean that the child is in danger or that the parents are unfit.

Sometimes a GAL is appointed to a case when parents cannot agree on custody or they have a history of conflict. The GAL helps the court understand the child’s needs more clearly, especially if the child is too young to express their preferences or if there are conflicting testimonies from the parents.

A GAL can be particularly helpful when there are complex issues like mental health concerns, abuse allegations, or a child’s wishes that are not easily expressed. This neutral third party can help the court get a clearer picture of the situation, which can lead to a more balanced, fair decision. A GAL’s recommendation can even help speed up the process, especially if it resolves concerns that might have otherwise caused delays or conflict.

Contact a DuPage County, IL Family Law Attorney

If a GAL has been assigned to your case, this is not something you need to fear. As unsettling as it might seem initially, you need not view the GAL as a threat but rather as an ally that can help you resolve your custody dispute. A knowledgeable Lombard, IL custody lawyer can explain the implications. Call [[title] at 630-426-0196 to schedule a private consultation.