What Does it Mean if a Guardian ad Litem Gets Involved in My Custody Case?

 Posted on February 04, 2026 in Divorce / Family Law

Almost no parent wants their parenting arrangement decided by a judge instead of by themselves. When you learn that a "guardian ad litem" has been appointed to your case, you might worry about what it means for you and your children and whether you will be able to have full control over your children’s schedule.

The good news is that a guardian ad litem is not a sign that the court thinks you are a bad parent. Their role is to help the judge understand what arrangement will be best for your child. If you are involved in a custody dispute in 2026, a Geneva, IL family law attorney can help you understand what steps the court will go through to reach its decision. Call us today for a free consultation.

What Is a Guardian Ad Litem According to Illinois Law?

A guardian ad litem is a neutral person picked by the court to represent your child's best interests during custody proceedings. In Illinois, this person is an attorney. Their job is to investigate the family situation and report back to the judge.

Under 750 ILCS 5/506, Illinois courts have the authority to appoint guardians ad litem when the judge needs more information to make a decision about parenting responsibilities or parenting time. The guardian ad litem does not work for you or your child's other parent. They work for the court and focus only on what is best for the child.

When Does an Illinois Court Appoint a Guardian Ad Litem?

Courts typically bring guardians ad litem in under certain circumstances:

Suspected Abuse or Neglect

If there is any suspicion or claim that either parent has abused or neglected the child, Illinois courts will probably appoint a guardian ad litem to investigate. If you are separating from an abusive co-parent, a guardian ad litem can help protect your child.

Contention Between Parents

When a case goes to trial because spouses can’t agree on parenting time or parental responsibilities, the judge may ask a guardian ad litem to do an independent investigation. This helps the court decide what arrangement serves the child's best interests.

Best Interests Determination

According to 750 ILCS 5/602.7, judges must look at several factors before making a decision about the custody case. These include:

• The child's wishes
• The parents' wishes
• The child's relationship with each parent
• The child's home and school situation
• The mental and physical health of everyone involved
• Any history of violence or abuse

It can be challenging for a judge to decide on the best parenting plan using only the information given in courtroom proceedings. Many children are shy, fearful, or have been told by a parent what to say. Parents often give conflicting information. In these cases, it is helpful to have a neutral guardian ad litem to give independent information.

What Will a Guardian Ad Litem Do During Their Investigations?

A guardian ad litem will often:

Interview Your Child

If your child is old enough, the guardian ad litem will speak with them alone to understand the child's relationship with both parents and what the child wants.

Interview Both Parents

The guardian ad litem will likely speak with you and your child's other parent separately. This helps them get each person's perspective on the allocation of parental responsibilities and parenting time.

Review Evidence

They may look at school records, medical records, and other documents to determine what your child’s needs are and how well-adjusted they are.

Make Home Visits

In some cases, the guardian ad litem will visit each parent's home to check the environment and the child's adjustment to each household.

Observe Interactions Between Family Members

They may watch how you and your child interact to check the quality of your relationship.

After finishing their investigation, the guardian ad litem will either give a written report to the judge or be called to testify in court.

How Should I Interact with the Guardian Ad Litem?

It is important to cooperate fully with a guardian ad litem. Be honest, respectful, and professional in all interactions. Answer questions truthfully and promptly give them any documentation they request.

Do not try to coach your child on what to say. Guardians ad litem are trained to recognize when children have been coached by an adult, and it can reflect poorly on you. Don’t speak negatively about your child's other parent or try to use the investigation to settle scores.

Remember that the guardian ad litem is there to help protect your child's interests. Cooperation and honesty will serve you better than defensiveness.

Call a Geneva, IL Family Law Lawyer Today

If you are in a contested child custody battle, a Kane County child custody lawyer can help. Our child custody attorney wants to help you protect your relationship with your child. Contact Loire Krajniak Law, LLC today at 630-448-2406 for a free consultation.