Pros and Cons of a Guardian Ad Litem in an Illinois Divorce

When it comes to divorce cases involving children, the court may appoint a Guardian ad Litem (GAL) to represent the best interests of the child or children. While a GAL can be a valuable resource for families going through a divorce, there are also some potential drawbacks to having a GAL involved in your case. In this blog post, we will explore the pros and cons of a Guardian ad Litem in a divorce case.

Pros of a Guardian ad Litem

1. Advocating for the Child's Best Interests

One of the primary benefits of a Guardian ad Litem is that they are focused on advocating for the best interests of the child or children involved in the case. This can be especially valuable in situations where the parents are unable to agree on custody and visitation arrangements, or where there are concerns about the child's well-being.

The GAL will conduct an investigation into the family's situation and make recommendations to the court regarding custody, visitation, and other issues related to the child's welfare. By having a neutral third-party involved in the case, the court can make a determination that is focused on the child's best interests, rather than the desires or wishes of either parent.

2. Providing a Voice for the Child

Another benefit of having a Guardian ad Litem is that they can provide a voice for the child or children involved in the case. In situations where the child is too young to express their own wishes or is hesitant to do so, the GAL can serve as a representative for the child's interests. This can help to ensure that the child's needs and desires are taken into account when the court makes a determination regarding custody, visitation, and other issues related to the child's welfare.

3. Resolving Disputes

Having a Guardian ad Litem involved in a divorce case can also help to resolve disputes between the parents. By providing an objective perspective and advocating for the child's best interests, the GAL may be able to help the parents come to an agreement on custody and visitation arrangements.

Cons of a Guardian ad Litem

1. Cost

One potential downside of a Guardian ad Litem is the cost. The fees for a GAL can be significant, and are typically paid for by the parents. This can add to the already high costs of a divorce case, and may be a burden for some families.

2. Lack of Control

Another potential drawback of a Guardian ad Litem is that the parents may feel that they have lost control over the outcome of the case. The GAL is a neutral third-party who is focused on advocating for the best interests of the child, which may not align with the desires or wishes of either parent.

This can be especially difficult for parents who feel that they know what is best for their child, but are unable to convince the GAL or the court of their perspective.

3. Length of the Process

Having a Guardian ad Litem involved in a divorce case can also extend the length of the process. The GAL will conduct an investigation and make recommendations to the court, which can take time. This may delay the resolution of the case and add to the stress and emotional strain on the family.

Conclusion

In conclusion, a Guardian ad Litem can be a valuable resource in a divorce case involving children. The GAL is focused on advocating for the best interests of the child, and can provide expert opinion and advice on matters related to custody and visitation.

However, there are also some potential drawbacks to having a Guardian ad Litem involved in a divorce case. The cost can be significant, and parents may feel that they have lost control over the outcome of the case. The length of the process may also be extended with a GAL involved.

Ultimately, whether or not to have a Guardian ad Litem involved in a divorce case is a decision that should be made in consultation with an experienced family law attorney. An attorney can help you understand the pros and cons of a GAL, and determine whether having one involved in your case is in the best interests of your child and your family.

If a Guardian ad Litem is appointed in your Illinois divorce case, it is important to cooperate with them, provide as much information as possible, and be open and honest about your relationship with the child or children involved. While the GAL's recommendations are not binding on the court, they are given significant weight and will be considered alongside other relevant factors when the court makes a determination regarding custody, visitation, and other issues related to the child or children's welfare.

Overall, while there are some potential drawbacks to having a Guardian ad Litem involved in a divorce case, the benefits may outweigh the costs in certain situations. If you are going through a divorce case involving children, it is important to speak with an experienced family law attorney to determine whether having a Guardian ad Litem involved in your case is in the best interests of your child and your family.