What Is a Guardian ad Litem and When Does an Illinois Court Appoint One?

 Posted on March 09, 2026 in Child Custody / Parental Responsibilities

Going through a custody case in Chicago is stressful enough on its own. But if a judge brings in a guardian ad litem, you may not know what that means or what to expect next. Speaking with a Cook County family law attorney early on can help you get ahead of the process. In 2026, Illinois courts continue to use guardians ad litem as an important tool in cases involving children, and knowing what to expect can make a real difference in how well your case goes.

What is a Guardian ad Litem?

A guardian ad litem, often called a GAL, is a person a judge appoints to represent your child's best interests in court. The phrase "ad litem" is Latin. It simply means "for the lawsuit." The GAL is appointed just for the duration of the case.

A GAL is not the same as your child's attorney. Your child's attorney speaks for what your child wants. A GAL, on the other hand, looks at the whole situation independently and tells the court what they believe is truly best for the child, even if that differs from what the child wants.

Who Can Serve as a Guardian ad Litem in Illinois?

In family law cases in Illinois, a guardian ad litem must be a licensed attorney. Whoever fills the role must have no personal stake in the case. They need to be able to evaluate the situation honestly and without bias.

When Does a Chicago Court Appoint a Guardian ad Litem?

Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/506 provides that a judge may appoint a guardian ad litem whenever a child's best interests call for independent representation. This can happen across a wide range of family law situations.

Common reasons a Cook County court might appoint a GAL include:

• Contested custody or parenting time disputes where the parents cannot agree.
• Allegations of child abuse, neglect, or domestic violence in the home.
• Concerns about a parent's substance use or mental health.
• Cases where the child has strong preferences that conflict with what a parent is requesting.
• Situations where both parents appear to be using the child as leverage.
• Highly conflicted cases where the court wants a neutral, outside perspective.

Either parent can ask the court to appoint a GAL. The judge can also order one without being asked. In Cook County, family law judges take children's welfare seriously and will not hesitate to bring in a GAL when concerns arise.

What Does a Guardian ad Litem Actually Do During an Investigation?

According to the National CASA/GAL Association for Children, in recent years guardian ad litem programs across the country served more than 214,000 children, showing how important this role has become in the court system.

In your case, the GAL’s job is to gather information and build a clear picture of your child’s life. Once appointed, the GAL begins working on your case right away. This often includes interviewing the child in a private setting, meeting with each parent separately, and visiting each parent’s home.

The GAL may also speak with teachers, doctors, therapists, and other adults involved in your child’s life. School records, medical records, and court documents are usually reviewed as well before the GAL makes a recommendation to the judge.

How Does the Guardian ad Litem's Report Affect Your Case?

After the investigation, the GAL prepares a written report for the judge. The report covers what the GAL found and includes a recommendation. It may address custody, parenting time, or other issues that affect the child. The judge does not have to follow the GAL's recommendation, but these reports carry a lot of weight in Illinois family law cases.

One practical note: in most cases, parents share the cost of the GAL's fees. The court decides how to divide those costs based on each parent's finances.

How Should You Prepare If a GAL Is Appointed in Your Case?

Having a GAL involved can feel unsettling, but preparation helps. Stay honest, cooperative, and focused on your child and not on criticizing the other parent. Judges and guardians ad litem take notice when a parent keeps the child's best interests front and center.

Keep a record of your time with your child. That includes school pickups, doctor visits, and daily routines. Gather any relevant messages or documents ahead of time. And above all, work closely with a family law attorney so you know exactly what to expect at every stage.

Call a Cook County, Illinois Child Custody Attorney Today

Navigating a custody case with a guardian ad litem can be stressful, but you do not have to face it alone. At The Law Office of George J. Skuros, our focus is on helping clients truly understand the legal issues in their case so they go into every step prepared and with a realistic picture of what outcomes are possible. Contact the Chicago, IL  family law lawyer at The Law Office of George J. Skuros by calling 312-884-1222 to schedule your free consultation today.