What Should You Know About Guardians ad Litem?

 Posted on April 08, 2025 in Family Law

From custody agreements to child support orders, children are often centered in family court cases. To protect their best interests and ensure their voices are heard, the court appoints a guardian ad litem (GAL) to be the unbiased voice for children. They bring a singular perspective, concerned only with the welfare of the child. Consider the duties of a GAL and how they may relate to your case, and if you have questions, a Kane County, IL family law attorney can help you feel more comfortable about their role.

What Are the Duties of a Guardian ad Litem?

A GAL is typically appointed in divorce, adult guardianship, and child protection cases. While their duties may vary from case to case, common responsibilities include:

• Interviewing the child, parents, and all other parties relevant to the case

• Reading and reviewing all records and documents for the case

• Observing how the parents and other related parties interact with the child

• Attending all hearings

• Providing the court with recommendations for visitation and custody

• Making recommendations for services or support that the child may need

According to Illinois law, a guardian ad litem can be called to testify. Unlike the lawyers and social workers who represent other parties in these cases, the GAL advocates for the child independently.

Is It Possible to Remove a Guardian ad Litem?

The court will only consider a request to remove a GAL if you have a strong reason. Not liking them is not a sufficient excuse. A conflict of interest could potentially be a reason, but you should speak with your legal representative if you have concerns about the GAL in your case.

Because GALs are attorneys, they must follow the same Code of Professional Responsibility as any other attorney. If you question their position in your case, you can file a complaint with the Attorney Registration and Disciplinary Commission. However, these complaints are taken seriously and should be handled with the utmost sincerity. 

How Does a Guardian ad Litem Differ From a CASA?

GALs and Court Appointed Special Advocates (CASAs) serve similar purposes. Both advocate for the best interest of the child. However, GALs are paid professionals, assigned to investigate the case and make recommendations to the court. CASAs are volunteers from a special advocate program appointed by the court. They are trained to advocate for children and monitor cases in progress.

Speak With a Geneva, IL Family Law Attorney Today

Guardians ad litem work directly for the children in family law cases. Parents require separate counsel to protect their rights and interests in family court. At Serrano Hanson & Hurtado, LLC, we understand how personal and sensitive cases involving children are, and our Kane County, IL family lawyer approaches every case with compassion and the necessary tenacity. Call 630-844-8781 to schedule a free consultation, in Spanish or English, and learn more about legal representation for the whole family.