When Is a Guardian ad Litem Necessary in a Child Custody Case?

 Posted on August 15, 2025 in Child Custody / Parental Responsibilities

In divorces and other child custody cases, the courts will closely examine the child’s living situation to determine what is best for him or her. However, the judge may only be seeing things from an outsider’s perspective. To rectify this, a guardian ad litem (GAL) may be assigned to the case to investigate the child’s situation. The role of the GAL is to make a recommendation to the judge based on the child’s best interests.

If you are concerned about your child’s welfare in a custody dispute, our Cook County, IL family law attorney is certified to act as a guardian ad litem. At The Law Offices of Curtis Bennett Ross, L.L.C., we know just how important the allocation of custody can be, and we can make a responsible recommendation to the judge to protect your child’s well-being. With over 30 years of experience, our attorney is qualified to help you do what is best for your family.

Determining the Best Interests of Young Children in a Divorce

A judge will factor in the age and maturity of a child when making a final decision about custody. Young children may not have the faculties to understand what divorce really means, and they may be susceptible to emotional manipulation by their parents. In contested custody cases involving young children, a judge may send out a GAL to get an objective picture of the child’s home life.

During the investigation, the guardian ad litem may interview the child and the parents. Do not try to coach your child ahead of the interview, as this may reflect poorly on you in the GAL’s report.

Guardians Ad Litem Investigate Abuse and Neglect Allegations

Generally, the courts allow parents to figure out an acceptable custody arrangement on their own, subject to a judge’s final approval. However, as soon as accusations of abuse or neglect come out, the court may dispatch a GAL to investigate the issue as soon as possible. The GAL serves as the court’s eyes and ears to verify whether or not the allegations are substantiated.

If the guardian ad litem finds that the allegations are credible, it could have a serious impact on custody. A judge could decide to award one parent with sole custody if the other poses a safety risk to the child.

Resolving Custody Disputes With a Guardian ad Litem

When parents cannot find common ground about what is best for their child, it may be necessary for a third party to intervene. The guardian ad litem does not take either parent’s side in custody proceedings, allowing him or her to make an objective report.

In some cases, the courts may go one step further and appoint a legal representative to the child. Instead of simply making a recommendation, the child’s representative will present his or her own case for a healthy custody arrangement.

Contact a Cook County, IL Child Custody Lawyer Today

A guardian ad litem plays a special role in child custody proceedings, acting as an extension of the court itself. At The Law Offices of Curtis Bennett Ross, L.L.C., our Chicago, IL family law attorney can advise you of how to respond to a GAL’s investigation and present your case for a custody arrangement in court. Call us at 312-984-1514 to set up a free limited consultation.