How Can a Guardian Ad Litem Help My Family During My Divorce?

 Posted on April 18, 2026 in Child Custody

It’s common for divorcing couples to disagree on matters that they must settle during a divorce, but when those issues involve decisions that affect their children, the matter becomes more serious. When parents cannot come to an agreement on child-related issues during a divorce, a judge will make the determination. However, a judge may only have limited insights into a custody case. To make an informed decision, the judge may appoint a guardian ad litem (GAL) to look into a child’s home life.

At Law Office of Ronald L. Hendrix, P.C., our Naperville, IL child custody lawyer has represented many parents in emotional custody disputes. Attorney Ronald Hendrix has over 30 years of experience and holds a Master’s degree in guidance and counseling, so clients can take comfort knowing their case will be handled by a qualified lawyer.

What Is a Guardian ad Litem?

A guardian ad litem is an attorney who is appointed to a case to determine what is in the best interest of the child. The GAL’s job is to investigate the family situation and make reports pertaining to whatever the case’s contested issues may be, which often include the allocation of parental responsibilities, parenting time, visitation, and/or child support. Because of this, the GAL is often referred to as the "eyes and ears" of the court.

How Do Illinois Judges Evaluate a Child’s Best Interests?

When parents disagree about parenting time or decision-making responsibilities, the court does not simply choose one parent over the other based on who argues more forcefully. In Illinois, courts look at a list of best-interest considerations when making these decisions (750 ILCS 5/602.7). A judge may consider factors such as:

• Each parent’s role in caring for the child before the case began
• The child’s relationship with each parent
• The child’s adjustment to home, school, and community
• The mental and physical health of the people involved
• Each parent’s willingness to support the child’s relationship with the other parent
• Any past or ongoing violence, abuse, threats, or neglect
• Whether either parent has placed his or her own interests ahead of the child’s needs
• How well the parents can cooperate when making decisions about the child

No one factor controls every case. The judge must weigh all relevant facts together. That is why GAL investigations can carry a lot of weight.

Is a GAL a Neutral Party in Illinois Custody Cases?

A guardian ad litem doesn’t represent either parent in a custody case – though either party may request one. Instead, the GAL is appointed to investigate the facts and make recommendations about what appears to be in the child’s best interests.

A parent who receives an unfavorable recommendation may believe the GAL ignored important details or believed the other side too quickly. Still, the GAL’s role is not to make both parents happy.

In rare cases, a parent may ask the court to remove a GAL for good cause. For example, a GAL might be challenged for ignoring important evidence, refusing to interview key witnesses without reason, or failing to follow basic ethical duties of honesty, neutrality, and diligence. If you believe the GAL is not fulfilling his or her duty, your attorney can raise the issue with the court and ask for appropriate relief.

How Can a GAL Help With Your Child Custody Case in 2026?

There are many benefits to working with a GAL, especially when an agreement cannot be reached with your spouse. A GAL will conduct a full investigation into your family and the situations surrounding the disagreement. As part of the investigation, the GAL may:

• Interview the child if he or she is old enough
• Interview family members and other people who may have valuable information about the child, like teachers or caretakers
• Review all documents related to the child and relevant to the issue at hand
• Visit and interview each parent at their residence

When interacting with the GAL, be sure to be honest and show courtesy, as any refusal to cooperate could be noted in the final report.

What if I Disagree With the GAL’s Recommendation in my Custody Case?

Disagreeing with a GAL does not mean your case is over. The judge does not have to follow the GAL’s recommendation automatically. If you believe the recommendation is wrong, you should work closely with your attorney to challenge it in a clear and organized way.

To effectively challenge a recommendation, you need to show why it does not reflect the child’s real situation. You may need documents, photos, school records, medical records, witness testimony, or messages that show the GAL missed key facts. Your attorney may also question the GAL in court about how the investigation was done. Courts take GAL reports seriously, so a careful legal response is critical.

Do the Child’s Wishes Matter in an Illinois Parental Responsibilities Case?

Illinois courts may consider what a child wants, especially if the child is older and mature enough to express thoughtful reasons. A very young child’s preference usually carries less weight than the views of a teenager who can explain concerns clearly.

Even then, the judge will look at more than the child’s stated preference. Children can be influenced by pressure from a parent. A judge may ask whether the child’s wishes seem sincere, informed, and consistent with the child’s welfare.

If the child’s wishes conflict with the GAL’s recommendation, the judge will hear all of the facts before deciding what to do. The court may give weight to the child’s views, but it will still focus on safety, stability, and long-term well-being.

Contact Our DuPage County Child Custody Lawyer Today

At the Law Office of Ronald L. Hendrix, P.C., we can help you petition for a GAL if necessary or guide you through the process if one has been appointed to your case. Our Wheaton, IL family law attorney is here to help you protect your child’s best interests. To begin discussing your case and schedule a free consultation, call our office today at 630-355-7776.