Going through a divorce can be a difficult and emotional process for everyone involved, especially for children. A Guardian Ad Litem (GAL) is a person appointed by the court to represent the best interests of the child in a divorce case. In this article, we will discuss the role of a GAL in a divorce, how they are paid, and whether or not they are a required party in the divorce process.

What is a Guardian Ad Litem?

A Guardian Ad Litem is a neutral third party appointed by the court to represent the best interests of a child in a divorce case. This person may be an attorney, a social worker, or a mental health professional. The GAL is responsible for investigating the child’s living situation and making recommendations to the court about what is in the child’s best interests.

What Does a Guardian Ad Litem Do in a Divorce?

The GAL’s primary role is to advocate for the child’s best interests. They will conduct an investigation of the child’s living situation, including interviewing the child, the parents, and any other relevant parties. They will also review any relevant documents, such as school records, medical records, and psychological evaluations. The GAL is responsible for gathering information about the child’s living situation, including the child’s relationships with the parents, the child’s school and extracurricular activities, the child’s health and medical needs, and any other information that is relevant to the child’s best interests.

Based on their investigation, the GAL will make recommendations to the court about what is in the child’s best interests. These recommendations may include:

• Custody arrangements: The GAL will make recommendations about who should have primary custody of the child, as well as any parenting time arrangements for the other parent. The GAL will consider the child’s age, the child’s relationships with the parents, the child’s school and extracurricular activities, and any other factors that are relevant to the child’s best interests.
• Child support: The GAL will make recommendations about how much child support should be paid and by whom. The GAL will consider the child’s needs, the parents’ income and financial resources, and any other factors that are relevant to the child’s best interests.
• Education: The GAL will make recommendations about the child’s education, including any special needs or accommodations that may be required. The GAL will consider the child’s age, the child’s interests, the child’s academic performance, and any other factors that are relevant to the child’s best interests.
• Health care: The GAL will make recommendations about the child’s health care, including any medical or mental health treatment that may be necessary. The GAL will consider the child’s age, the child’s medical history, the child’s current medical needs, and any other factors that are relevant to the child’s best interests.

The GAL may also be involved in the court process, attending hearings and providing testimony as needed.

How is a Guardian Ad Litem Paid?

In most cases, the GAL is paid by the parties in the divorce case. The cost of the GAL’s services may be divided between the parties, or the court may order one party to pay the entire cost. The GAL’s fees may also be included in the overall cost of the divorce case.

Is a Guardian Ad Litem a Required Party in the Divorce Process?

In some cases, a GAL may be appointed by the court even if the parties do not request one. This may happen if the court believes that the child’s best interests are not being represented in the divorce case. However, in most cases, a GAL is not a required party in the divorce process.

Conclusion

A Guardian Ad Litem is a person appointed by the court to represent the best interests of a child in a divorce case. They are responsible for conducting an investigation of the child’s living situation and making recommendations to the court about what is in the child’s best interests. The GAL’s recommendations may include custody arrangements, child support, education, and health care. The GAL is paid by the parties in the divorce case, and in most cases, they are not a required party in the divorce process.

Overall, a GAL plays an important role in ensuring that the child’s best interests are considered during a divorce case. They act as a neutral third party and provide valuable information to the court, which helps the judge make informed decisions about the child’s welfare.

Johnston Tomei Lenczycki & Goldberg, LLC handles divorce, child support, child custody, and post decree matters throughout the Lake County, McHenry County, and Cook County areas. Call us today for a complimentary initial consultation.