What Is a Guardian ad Litem and What Do They Do in an Illinois Custody Case?

 Posted on June 11, 2026 in Child Custody

The U.S. Census Bureau reported that there were 10.9 million single-parent families with a child under 18 in the United States in 2022. Many of those families manage custody arrangements without conflict, but a significant number of cases become contested. 

When parents cannot agree on child custody, an Illinois judge may appoint a third party to independently assess what is in the child's best interests. That person is called a guardian ad litem, or GAL. If a GAL has been appointed in your case, or if you think one might be, knowing what to expect can help you prepare. If you are dealing with a contested custody case in 2026, a Joliet, IL child custody attorney can help you protect your rights.

How Do Illinois Courts Appoint a Guardian ad Litem in a Custody Case?

Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/506), a GAL may be appointed in any case involving the allocation of parental responsibilities, parenting time, or the general welfare of a child. A court can appoint a GAL on its own or at the request of either parent. Common situations include high-conflict divorces, allegations of abuse or neglect, and cases where parents have not been able to agree despite multiple attempts.

A GAL in Illinois must be a licensed attorney. They are not a therapist, a mediator, or a social worker. They are legal professionals appointed to gather facts and provide the court with an independent view of the child's life.

What Does a Guardian ad Litem Investigate in an Illinois Custody Case?

Once appointed, the GAL begins an active investigation. People the GAL commonly interviews include:

• Both parents and the child

• Teachers and school staff

• Coaches, extended family members, and medical providers

The GAL may also visit each parent's home, review school and medical records, and investigate any prior involvement with child protective services.

The GAL does not represent either parent. Their job is to serve the court, not to advocate for one side. Everything they gather is aimed at one question: what custody arrangement is best for this child? Under 750 ILCS 5/602.5 and 750 ILCS 5/602.7, Illinois courts consider factors including the child's wishes, the child's adjustment to home and school, the mental and physical health of everyone involved, each parent's willingness to support the other's relationship with the child, and any history of physical violence. The GAL's investigation is designed to gather evidence relevant to these and other best-interest factors the court may consider.

What the GAL's Written Report Means for Your Illinois Custody Case

After the investigation, the GAL submits findings to the court. Before 2024, GALs could deliver their findings orally. As of January 1, 2024, Illinois law requires the GAL to provide a written report, written recommendations, or a proposed parenting plan to both parties at least 30 days before the final hearing or trial. The written requirement now gives both parents time to review the report and prepare a response. If needed, either parent can depose the GAL before the hearing.

The GAL may also file motions, issue subpoenas, and appear at all proceedings. The judge is not required to follow the GAL's recommendations, but courts take them seriously. 

Can You Challenge a Guardian ad Litem's Recommendations in an Illinois Custody Case?

A GAL's report is not the final word. If you disagree with the findings, you can cross-examine the GAL at trial, present your own evidence and witnesses, and ask the court to limit the weight given to the report. A clear, factual rebuttal supported by evidence is the most effective way to push back. 

How you conduct yourself during the investigation also shapes what ends up in that report. Parents who are cooperative, consistent, and focused on their child tend to make a stronger impression on the GAL. Coaching a child before an interview, blocking the other parent's access, or refusing a home visit can all raise concerns that the GAL will note in their findings.

Speak with a Joliet, IL Child Custody Attorney

The attorneys at The Foray Hurst Firm are members of the Black Women Lawyers' Association, the Black Bar Association of Will County, the Cook County Bar Association, and the National Bar Association. That professional depth shows in the care and advocacy they bring to each family. Their guiding principle, Preserving The Dignity of Families In Transition, reflects a commitment to handling every custody case with attention to both the legal details and the human impact. To speak with an Orland Park, IL family law lawyer, call 312-702-1293 today.