When custody is contested, the court may appoint someone to represent your child's interests. Understanding who does what can shape your entire case strategy.
Illinois law provides three types of child representatives in custody cases: Guardian ad Litem (GAL), Child Representative, and Attorney for the Child. Each has distinct roles, powers, and limitations under 750 ILCS 5/506.
The type appointed depends on the child's age, the complexity of the case, and what the court believes will best serve the child's interests. Understanding these differences is crucial for parents navigating contested custody.
| Feature | Guardian ad Litem | Child Representative | Attorney for Child |
|---|---|---|---|
| Primary Role | Investigator & reporter | Attorney advocating best interests | Attorney advocating child's wishes |
| Makes Recommendations | Yes - written report to court | Yes - through advocacy | No - presents child's position |
| Can Call Witnesses | No | Yes | Yes |
| Can Cross-Examine | No | Yes | Yes |
| Can Be Cross-Examined | Yes (on their report) | No (attorney privilege) | No (attorney privilege) |
| Child's Wishes | Reports but doesn't advocate | Considers but advocates best interests | Advocates child's stated wishes |
| Typical Cases | Investigation needed | Complex, high-conflict | Older children with clear preferences |
How you interact with the child's representative can make or break your custody case. Get strategic guidance on presenting your best case.