Information and Frequently Asked Questions about Guardian Ad Litem

A guardian ad litem (GAL) is a licensed attorney chosen by the Court to investigate and assist in family cases. The GAL is not your attorney, the other parent’s attorney, or the attorney for your children. To serve as a GAL, attorneys must complete at least 10 hours every two years of continuing education regarding parenting time, domestic violence, abuse to children, and other related topics.

The GAL’s job is to gather facts about the case to help the Court decide what is in the "best interests" of the children involved. GAL’s are often called the "eyes and ears" of the Court. The GAL makes recommendations to the Court about what parenting time (custody and visitation) arrangements will serve the "best interests" of the children. Unless the Court excuses it, the GAL must submit a written report with recommendations.

Maybe. In Illinois, a GAL may be appointed by the Court in any case involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interest, or general welfare of a minor or dependent child. You can ask the judge to appoint a GAL to your case, and in some cases the judge may decide on their own to appoint a GAL.

The Court maintains a list of attorneys who are trained and qualified to serve as GALs. The list is available to the public and can be found here. The judge makes the decision about which GAL to appoint to a case, but the parties and attorneys can make suggestions.

The Clerk's office will send the GAL a copy of the Order Appointing the GAL 1-2 days after court. The GAL’s office will reach out to you by email or letter with an Intake Questionnaire and to schedule an appointment with the GAL. If you do not hear from the GAL’s office, please contact their office to make sure that they have received a copy of the Order appointing the GAL and that they have your correct contact information.

It depends. The "Order Appointing Guardian ad Litem" you were given shows the GAL's retainer fee and how the GAL's fees will be split between you and the other parent.

The GAL fees are usually split equally between the parents unless one of you has a fee waiver. If one parent has a fee waiver, then the other parent will be responsible for all of the GAL fees. If you both have a fee waiver, then the fees will be paid by Winnebago or Boone County. The GAL must turn in detailed invoices to the Court every 90 days, which the Court will review for approval.

You may qualify for a fee waiver, a document that orders a person does not have to pay fees. You may ask the Court to waive some or all of the court fees, including GAL fees, by submitting an "Application for Waiver of Court Fees" form. If the Court approves your application to waive fees, you must reapply for a waiver each year. Your fee waiver expires one year after the Court grants it. It is very important to file any fee waivers on time and before they expire.

It is also important to notify the Court or reapply if things affecting the approval of your fee waiver change. "The Application for Waiver of Court Fees" form is available at illinoiscourts.gov or at the Winnebago or Boone County Circuit Clerk's Office.

It depends. The GAL is required to take "reasonable steps" necessary to get information about issues affecting the children. This could include interviewing the children, the parents, family members, and other people with "special knowledge" of the children's circumstances. If the GAL asks you for a list of people to interview, you should prioritize the people in your life with the most amount of information about your family and children.

No. The GAL makes recommendations to the Court.

The judge – not the GAL – makes decisions and enters court orders about parental decision-making responsibilities and parenting time (visitation and custody) based on the facts of the case and the children's best interests.

It depends on the facts of the case. Generally, the GAL recommends how parental decision making responsibilities should be divided (i.e., who will make important decisions for the children about healthcare, education, activities, and religion). The GAL will recommend how parenting time (custody and visitation) should be split. The goal is to make recommendations that serve the "best interests" of the children.

When deciding parenting time (visitation and custody) and the ability to make important decisions for the children (decision-making ability), the court looks at what will be best for the children.

The term "Best Interests" is a legal standard that requires the Court to consider many factors, including the children's needs and wishes, the parents' wishes, the parents' prior agreements about caretaking, the willingness of the parents to cooperate, the history of domestic violence, and other factors.

The "Best Interests" factors are set forth in Illinois law at 750 ILCS 5/602.5 and 750 ILCS 5/602.7.

You can read more about the "Best Interest" factors here.

If a parent does not agree with the GAL's recommendations, they can request a court hearing in order to present evidence to the Judge and ask the GAL questions about the recommendations.

The information you share with a GAL is not private or confidential. The written reports and recommendations made by the GAL can be used as evidence in your court case and the GAL may be required to testify in court about their written report.

It is important to speak with and provide requested documents to the GAL, so the GAL can gather the information needed to help the Court make decisions.

The GAL must interview the children involved as soon as possible and must try to collect information about issues affecting the children. Because of this, the GAL must be allowed to speak with you, your children, and access all related records. You and the other parent will be required to sign releases that allow the GAL to view medical, counseling, school, and other confidential information concerning your children.