What is the Role of a Guardian Ad Litem?

 Posted on June 13,2023 in Child Custody & Allocation of Parental Responsibility

In Illinois divorce cases, the role of a guardian ad litem is to represent the child involved in the case. This individual is appointed by the court to act as an advocate for the children and to offer recommendations regarding custody, visitation, and other matters related to the child’s welfare. If you are interested in how they may be pertinent to your case, contact an experienced divorce attorney to learn more about how they and your divorce lawyer could be beneficial in your situation.

Everything You Need to Know

The guardian ad litem is a licensed attorney who is specially trained in working with children and determining what is best for them, given the specifics of their situation. This is because children do not have the same capacity as adults to understand divorce proceedings’ legal processes and ramifications. The guardian ad litem, therefore, is responsible for bridging the gap between the legal system and the children involved.

The guardian ad litem’s role begins with a thorough investigation into the divorce case’s circumstances, particularly as they relate to the children. This can include interviewing the parents, teachers, medical professionals, and other parties who may have knowledge pertinent to the child’s well-being. The guardian ad litem may also conduct psychological assessments on the child to gain additional insight into their needs and preferences.

Once this investigation is complete, they will make recommendations to the court regarding custody, visitation, and the child’s overall welfare. These recommendations take into account factors such as the age of the child, their relationship with each parent, their personality type, and any special needs they may have. In addition to making recommendations, the guardian ad litem will also monitor the progress of the case and any court orders that are eventually put in place. They will do this by meeting with the children regularly to ensure that their needs are being met and that they are adjusting well to the new circumstances. The guardian ad litem may also advocate for the child in court if necessary.

It is important to note that while the guardian ad litem represents the child and their interests, they do not necessarily make the final decisions regarding custody and visitation. These decisions are ultimately left to the court, but the guardian ad litem’s recommendations carry significant weight.

Contact a Kane County Divorce Attorney

Contact the skilled St. Charles divorce lawyers with Weiler & Associates, Inc. for more knowledgeable legal representation in your case. Call 630-331-9110 for a private consultation.

Source - https://www.ilga.gov/legislation/ilcs/documents/075000050K506.htm