Articles Posted in Child Custody

Many of our family law cases necessarily involve the appointment by the Court of a GAL or Child’s Representative. Sometimes, there is some question or confusion about the role of the GAL vs. that of the Child’s Rep.

In Illinois family law, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a Guardian ad Litem (GAL) and a Child’s Representative are two distinct roles appointed by the court to represent the best interests of a child in family law proceedings, such as custody (allocation of parental responsibilities) disputes. While both roles focus on the child’s best interests, their functions, authority, and approach differ significantly. Below is a detailed comparison: Guardian ad Litem (GAL)

• Definition: A GAL is an attorney or trained professional appointed by the court to investigate and advocate for the child’s best interests in a family law case. The GAL acts as the “eyes and ears” of the court, gathering information and making recommendations.

Many of our clients have initial questions about how the major decisions for the minor children will be made after the divorce is completed. While joint decision making is conceptually ideal, in many cases requiring the parties to make major decisions together can create disagreements, leading to further litigation. In some cases, a major decision like religion is not at issue but matters like the children’s extracurriculars and medical/dental or therapy treatments often create discord among parents.  How does the Court assess whether to award a parent joint or sole decision making for the children?

The court determines whether to grant sole or joint decision-making responsibility (previously referred to as custody) for minor children based on the best interests of the child, as outlined in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.5). The court evaluates several specific criteria to decide whether one parent should have sole decision-making authority or if both parents should share joint decision-making responsibility. Below are the key factors and considerations:

The court often considers the following factors to determine what arrangement serves the child’s best interests:

Why are the privacy interests of children important in family law cases?  A case cited below kind of highlights the need for courts to have the ability to receive information (perhaps from a GAL) in the privacy of chambers with the attorneys (in Illinois, called a “pretrial conference). The reason for this need of hearings, interviews or meetings in chambers is to protect the privacy and personal interests of the minor children, and to not have perhaps sensitive information about a case displayed to the public in open court. Illinois quite effectively acts to protect these privacy interests, in my experience. Most judges will often hear reports from the GAL, or have meetings with the GAL and attorneys,  in chambers so that very private information about children are not disclosed in open court.