Based on provisional data provided by the CDC, 45 states and Washington, D.C. recorded 672,502 divorces and annulments in 2023, representing a rate of 2.4 divorces per 1,000 residents.
Some divorce cases involve disputes over children. In those cases, courts may appoint a guardian ad litem (GAL) to investigate the child’s circumstances and help protect their best interests. GALs may also be appointed in custody, parenting time, and guardianship cases.
Let’s look at how courts appoint a GAL based on guidance from Indiana and Illinois.
When Indiana Courts Appoint a Guardian ad Litem
Under guidance published by the Indiana Office of Court Services, a guardian ad litem (GAL) serves as the court-appointed professional charged with representing and protecting a child’s best interests. Family law disputes that could result in GAL services include child guardianships, paternity, legal separation, divorce, and third-party custody. These cases usually arise between parents or other family members, without the Department of Child Services taking part. The guidance adds that family law GALs are often attorneys or professionals with specific training.
A separate Indiana guide to working with a guardian ad litem says a court may appoint one on a party’s request or on its own. The guide applies to custody and parenting time in divorce and paternity cases, minor guardianship, nonparent custody, adoption, grandparent visitation, and third-party visitation. The appointing order spells out the GAL’s duties. According to the legal firm website https://www.divorceky-in.com/, which serves Southern Indiana, when parents cannot agree on custody, an Indiana family court judge weighs factors such as each parent’s health, the child’s needs, and the child’s relationship with each parent.
Indiana treats child welfare cases differently. In those cases, the Department of Child Services has identified a child as a victim of abuse or neglect. The state court page notes that “GAL” and “court-appointed special advocate” are used interchangeably in child welfare cases. The advocate is typically a trained community volunteer.
When Illinois Courts Appoint a Guardian ad Litem
Illinois uses more than one title for court-appointed child advocates, and individual circuits publish their own guidance. Some may wonder, what is the purpose of a guardian ad litem? According to the Walsh & Walsh, LLP website, the purpose is to investigate the child’s situation and give the court recommendations on custody or visitation.
The Circuit Court of Cook County domestic relations page says a judge may appoint an attorney as a guardian ad litem, child representative, or attorney for the child. The court can act on its own or on a party’s request in cases involving support, custody, visitation, parental responsibilities, education, parentage, or a child’s general welfare.
The page separates three roles. A guardian ad litem investigates the child’s best interest, interviews the child and the parties, and submits a written recommendation. A child representative takes a position and advocates for the child’s best interest. An attorney for the child provides independent legal counsel to the child.
What Happens After an Appointment
The Indiana guide says the GAL conducts an independent investigation and must have a reasonable amount of in-person contact with the child, depending on the child’s age and circumstances. The GAL hears each party’s account and may review documents the parties provide. When a party refuses to cooperate, the GAL cannot weigh that party’s perspective, and communications with the GAL are not confidential. The report a GAL files normally covers the investigation conducted, the recommendations made, and the reasons supporting them.
Parties usually pay the GAL. The Indiana guide says a court may split the cost equally, assign another ratio, or order one party to pay, and some counties have funds that cover part or all of the cost. The Cook County page likewise gives the court discretion over fees, which either or both parents may pay, and it describes sliding-scale and pro bono options for families who cannot afford the cost.
An Indiana GAL cannot decide a case. The GAL can only make recommendations, and the presiding judge enters the orders and decides the outcome.
