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Geneva, IL Guardian ad Litem Attorneys

Compassionate Lawyers Serving as Guardians ad Litem and Assisting With Child Custody Issues in Geneva, Illinois

At Serrano Hanson & Hurtado, LLC, we offer a comprehensive understanding of family law and divorce law, allowing us to provide balanced and insightful guidance for each of our clients. Clients who find themselves in need of a Guardian ad Litem (GAL) or who are working on resolving an issue that involves a Guardian ad Litem appreciate the depth of our knowledge, as this is a good example of something our clients may not have known about until they came into our offices. Not only are our attorneys well-versed in working on solutions with a Guardian ad Litem, but we have also served in this role, and we continue to work to protect the best interests of children in local family courts.

What Is a Guardian ad Litem?

A Guardian ad Litem is someone who represents the best interests of a child (or children) involved in legal proceedings. Although the adults involved may intend to advocate for the best interest of their child, it is easy for adult emotions and issues to get in the way of what will truly be best for their child or children. As such, the GAL investigates the issue, sometimes conducting interviews with the minor child or children and the adults involved, and then presents his or her findings to the court in the form of an oral or written recommendation. A GAL may also visit family homes to get a better understanding of how both parents take care of the child.

While the term Guardian ad Litem is often used interchangeably with "Child's Representative," there are distinctions between the two as to how their roles play out in a courtroom, specifically in whether or not they may be called as a witness in the courtroom. A GAL can be called as a witness; a Child Representative cannot.

When Is a GAL Appointed?

Generally, a GAL will be appointed either by the Court or by the parties themselves when there are unresolved issues such as:

In many situations, a GAL may have an existing relationship with some of the judges in family courtrooms, as they have represented the best interests of other children in other proceedings. Judges generally take the recommendations of a GAL very seriously, and those recommendations can play a significant role in the final decisions made in the courtroom.

Defining "Best Interests"

As mentioned previously, a GAL will act in the child's best interests per the court's instructions. But just what are "best interests," exactly? When addressing child custody, Illinois law provides a clear reference as to what factors are prioritized when determining how to provide for a child's well-being and healthy development, including:

  • What both parents want.
  • What the child wants out of a custody arrangement. Generally speaking, the older a child is, the more weight his or her input has.
  • The mental and physical stability of all parties, including the child.
  • How much time each parent spent taking care of the child during the past two years.
  • The child's attachment to their home, community, and/or school.
  • Any history of abuse from either parent against the child.

A GAL will evaluate the above factors and more to get an objective picture of the child's living situation. They will provide recommendations to the judge regarding the child custody and parenting time arrangements that they believe would be best for the child.

Speak With a Knowledgeable Geneva Guardian ad Litem Lawyer Today

If you need help with any family law or divorce issues, including those involving a Guardian ad Litem, contact us today at 630-844-8781. Serrano Hanson & Hurtado, LLC provides representation to clients throughout Kane, Kendall, DeKalb, and DuPage Counties, including the cities of Geneva, St. Charles, Batavia, South Elgin, and Campton Hills.

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