What Does a Guardian ad Litem Do in an Illinois Family Law Case?

 Posted on July 19, 2026 in Child Custody

A guardian ad litem is an attorney the court appoints to investigate a child's circumstances and make recommendations concerning the child’s best interests. These attorneys are regularly appointed in contested custody cases or involving parental responsibilities, parenting time, or other issues affecting a child’s welfare.

If a guardian ad litem has been appointed in your case in 2026, a Joliet, IL family law attorney can walk you through what that means for your parental responsibilities or parenting-time dispute.

What Is a Guardian ad Litem in an Illinois Family Law Case?

A guardian ad litem, often called a GAL, is a licensed attorney the court appoints. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506), a judge can appoint a GAL in any case involving custody, parenting time, or a child's general welfare. The GAL’s role is to investigate the case and make recommendations based on the child's best interests, regardless of either parent's wishes.

Once appointed, the GAL investigates the family's situation and forms an independent opinion on what would best serve the child. A GAL is different from an attorney for the child. The GAL makes recommendations based on the child's best interests, while the child's attorney represents the child's expressed wishes.

When Does an Illinois Court Appoint a Guardian ad Litem?

Under 750 ILCS 5/506(a-5), the judge must consider the nature and adequacy of the evidence the parties are expected to present, whether information is available through other sources, and the available resources for paying the GAL. Other possible sources of information may include social-service organizations and evaluations by mental health professionals. Either parent may request a GAL, and the judge may appoint one on the court's own motion.

How Does a Guardian ad Litem Investigate a Custody Dispute?

The GAL usually starts by meeting with each parent and the child, then may speak with teachers, doctors, or other people involved in the child's life. Depending on the issues in the case, a GAL may visit each parent's home to observe the child's living conditions and interactions with each parent. After completing the investigation, the GAL testifies or submits a written report explaining the GAL’s recommendations regarding the child’s best interests. If the GAL submits a report, it must be made available to the parties.

As part of the investigation, a GAL may, with the court's approval, subpoena school, medical, or counselling records. The GAL may also be present if the judge conducts a private interview with the child.

Does a Judge Have to Follow the Guardian ad Litem's Recommendation?

Illinois law leaves the final custody decision with the judge, not the GAL. Still, the GAL's report carries meaningful weight in that decision. If the GAL submits a written report, both parties must receive access to it and have an opportunity to respond.

Either parent's attorney can depose the GAL before trial and cross-examine them about the reasoning behind the report. This process gives each parent a chance to challenge the GAL's investigation and recommendations before the judge makes a final decision.

How Can Parents Prepare for a Guardian ad Litem's Involvement?

Parents should cooperate with the GAL and keep the focus on their child’s needs. Hostility, dishonesty, or attempts to involve the child in the parents’ conflict can damage a parent’s credibility.

Before a scheduled interview or home visit, it helps to:

• Keep the home reasonably clean and free of safety hazards.

• Avoid discussing the case or the other parent in front of the child.

• Have school records, medical information, and a proposed schedule ready.

• Answer the GAL's questions honestly, since inconsistent answers can hurt credibility later.

These steps can help the GAL obtain an accurate picture of the child’s daily life and each parent’s ability to meet the child’s needs.

Contact a Joliet, IL Family Law Attorney Today

As a Black woman-owned firm, we understand how much trust it takes to let an outsider into your family's private life. Attorney Andrea Jordan serves as a guardian ad litem and mediator herself, which shapes how she prepares clients for the process. 

The Kane County, IL child custody lawyers at Jordan Steele & Associates, LLC bring over 40 years of combined experience to family law cases. Call 872-314-0080 to schedule a consultation. Hablamos español.