What Will a Guardian Ad Litem Do in My Illinois Divorce?

 Posted on March 27,2024 in Child Custody & Allocation of Parental Responsibility

The process of divorce in Illinois can be stressful, and sometimes, couples can have a variety of issues that they struggle to resolve. Issues surrounding shared children in a divorce can often be the most contentious, generally leading to drawn-out arguments and a refusal to settle or form a parenting plan together.

In these cases where mutual decisions about a child cannot be reached in a divorce, a guardian ad litem may be appointed to help advocate for the child’s best interests. Along with an experienced Illinois divorce attorney, a guardian ad litem can help navigate your divorce and reach agreements that put your child’s best interests first.

What Is a Guardian Ad Litem?

A guardian ad litem is an individual who is designated, typically by the court handling your divorce, to advocate for the best interests of your child. Generally, a guardian ad litem will be a licensed attorney, and he or she will be appointed when the parents of a shared child cannot reach important divorce decisions such as parental responsibilities, parenting plans, or child support and child custody agreements.

Additionally, divorces that involve domestic violence or other abusive situations, or those where a child might have special needs, can also involve a guardian ad litem’s representation to ensure that the child’s best interests are taken into account.

What Does a Guardian Ad Litem Do During My Divorce?

During your divorce, the guardian ad litem appointed for your shared child will investigate various parts of your divorce. He or she will usually submit a recommendation and a report to the judge listening to your divorce case about which decisions would be in the best interests of a child.

As part of the duties of advocating for your child and gathering information, a guardian ad litem may do the following:

• Interview your child

• Interview each parent separately

• Request to review school or medical records for the child

• Be present for all divorce proceedings, as necessary

Access to all of this information will help a guardian ad litem get a better understanding of the circumstances surrounding your divorce and your child’s needs.

Contact a Kane County, IL Divorce Lawyer

Settling your divorce can be complex, especially if you have a child and you wish to make choices that put his or her best interests first. Sometimes, the assistance of a guardian ad litem is necessary to advocate for your child. A skilled St. Charles, IL divorce attorney can help you further understand the role of a guardian ad litem in your divorce and assist you throughout the divorce process.

At Weiler & Associates, Inc., our attorneys are experienced with divorces and complex legal issues that may arise, and we are prepared to advocate for the best divorce outcome possible. Call 630-331-9110 for a consultation.