How a Guardian Ad Litem (GAL) Could Affect Your Divorce Case

 Posted on March 12, 2026 in Child Custody

When dealing with the emotions of divorce, children often struggle to come to terms with the end of their parents' relationship. The uncertainty that comes with the major changes in their lives can cause children to experience stress, anxiety, and depression. For children going through a divorce, the more emotional support they can get, the better. Because of this, many courts elect to appoint an attorney to deal with issues related specifically to the children involved in a divorce case.

This type of attorney is most commonly referred to as a guardian ad litem (GAL), and they are frequently appointed in cases involving child custody disputes, domestic abuse incidents, and issues related to child support. If you believe the well-being of your children may be at risk, a GAL could be critically important in ensuring your child ends up in a healthy living situation.

At The Stogsdill Law Firm, P.C., our Wheaton, IL family law attorneys can help you navigate tense custody disputes involving a GAL. We are available 24/7 to our clients, so we can keep you apprised of any updates to your case.

What Is a Guardian ad Litem in Illinois?

A guardian ad litem is appointed when a person involved in a lawsuit cannot adequately represent their own interests. In the vast majority of cases, guardian ad litem attorneys are appointed to find the best possible scenario for children involved in divorces. In the state of Illinois, a guardian ad litem can be appointed by a judge or at the request of either parent.

When Should I Ask for a Guardian ad Litem?

You may want to ask for a guardian ad litem if you believe the other party is not telling the truth about your child’s living situation. A GAL investigates the facts. He or she may visit the child’s home or school. They may also speak with family members, friends, teachers, and other people involved in the child’s life. The goal is to give the court a more accurate picture of what the child is experiencing.

This can be especially important in cases involving abuse. If you or your children have suffered domestic abuse by your former spouse, a guardian ad litem may help show the court how serious the situation is. The GAL’s input can be valuable when the court decides what arrangement is best for the child.

What Is the Child’s Best Interests Standard in Illinois?

In Illinois child custody cases, the court does not focus on what the parents want. Instead, the judge must decide what arrangement serves the child’s best interests. This standard guides every decision about parenting time and parental responsibilities.

Illinois law lists several factors that the court must consider when determining what is best for the child (750 ILCS 5/602.7). No single factor automatically decides the outcome. Judges look at the full picture of the child’s life and family relationships.

Some of the issues a court may consider include the child’s relationship with each parent, the child’s adjustment to home and school, and the willingness of each parent to support the child’s relationship with the other parent. The court may also look at the parents’ ability to cooperate when making decisions about the child.

How Should You Interact With a Guardian ad Litem?

When a GAL becomes involved in your case, your conduct can significantly affect how your situation is viewed. The GAL will spend time speaking with both parents and reviewing records. He or she may also observe how each parent interacts with the child. This is particularly important, as it will clue the GAL in to your family dynamic.

It is important to remain respectful and cooperative throughout the process. A GAL is not there to take sides. Instead, they are trying to understand what life is like for the child in each household.

Parents should answer questions honestly and provide the requested information promptly. Attempts to hide information or manipulate the process often create credibility problems. You should also avoid badmouthing the other parent during meetings with the GAL. Judges and GALs may become concerned if a parent focuses on personal grudges over the child’s needs.

How Can a Guardian ad Litem’s Recommendation Affect Your Case in 2026?

Judges turn to GAL reports when the parents strongly disagree about custody or parenting time. The GAL’s investigation may uncover details about the child’s life that are difficult to present through normal courtroom testimony.

The GAL may submit a written report or provide testimony during a hearing. This recommendation might address where the child should live and how major decisions about the child should be made.

Can a Guardian ad Litem Be Removed in an Illinois Child Custody Case?

Removing a guardian ad litem is possible, but it’s not easy. Courts generally assume that a GAL is acting in good faith and performing an important role in the case. A parent cannot request removal simply because he or she disagrees with the GAL’s opinion. Judges expect disagreements during contested custody disputes.

However, a court may consider removing a GAL if there is evidence of serious misconduct or a clear conflict of interest. For example, removal might be considered if the GAL has a personal relationship with one of the parties or has acted in a way that shows clear bias.

If a parent believes the GAL has acted improperly, the issue must usually be raised through a formal motion filed with the court. The judge may hold a hearing to review the concerns and determine whether a replacement is necessary.

Contact a DuPage County, IL Family Law Attorneys

At The Stogsdill Law Firm, P.C., our team of Wheaton, IL divorce lawyers has over 100 years of combined experience. We know how emotionally trying a divorce can be for the whole family. Divorces can be especially challenging for children of all ages. If you are interested in the possibility of appointing a guardian ad litem to represent your child's interests in court, speak with one of our knowledgeable attorneys today. Call us at 630-462-9500.