FAQ about Guardian ad Litems
Read on to learn more about what to expect when a Guardian ad litem is appointed.
- What is a guardian ad litem (GAL)?
- What does a guardian ad litem do?
- When is a guardian ad litem appointed?
- Who does a guardian ad litem talk to?
- Will the guardian ad litem talk to my child alone?
- How much does a guardian ad litem cost?
- Who pays for the guardian ad litem?
- What will the guardian ad litem ask?
- How should I prepare to talk to the guardian ad litem?
- How should I prepare my child to talk to the guardian ad litem?
- How is the guardian ad litem selected?
- What is Dean Taradash’s approach to being a guardian ad litem?
- What is a guardian ad litem (GAL)?
An Illinois guardian ad litem is a lawyer who is appointed by the court to investigate on the best interests of children. They can be appointed in divorce or custody cases. After investigating, the guardian ad litem makes a report to the judge about what is in the children’s best interests with regards to a parenting time schedule and who makes decisions about the children’s care.
2. What does a guardian ad litem do?
A guardian ad litem interviews the children, the parents, and any other people who have knowledge about the children’s situation, such as teachers, therapists or other adults who live with the child. The guardian ad litem can review medical and school records, court documents, and other information that the parents provide. After investigating, the guardian ad litem makes a report to the court about what they think is best for the children in terms of the divorce or custody case.
3. When is a guardian ad litem appointed?
A guardian ad litem is appointed when the parents cannot agree on an important issue in a divorce or custody case, such as the parenting time (visitation) schedule or who should make decisions about the children’s healthcare, education or other important areas. Either parent can request a guardian ad litem or the judge can appoint one on his or her own.
4. Who does a guardian ad litem talk to?
A guardian ad litem will meet with both parents, the children, and any other adults who have special knowledge about the children, such as teachers, therapists or other people who live in the child’s home.
Tip: If you believe the guardian ad litem should talk with someone in particular, you can and should let them know!
5. Will the guardian ad litem talk to my child alone?
Yes, the guardian ad litem will often meet with your child alone. If the child is very young, the guardian ad litem might meet with the child and parent together.
6. How much does a guardian ad litem cost?
Most guardian ad litems charge by the hour. Their rates are typically $250-350, although this can be lower if the parties have very low incomes. Typically, the parties will have to pay a retainer of about $2,500 when the guardian ad litem is appointed.
7. Who pays for the guardian ad litem?
The parties (the parents) are responsible for paying the guardian ad litem. The courts will often order that the parties split the costs of the Guardian ad litem 50/50. However, when one party earns more than the other, the fees can be disproportionately split (i.e. Mom pays 70% and Dad pays 30%).
Tip: If your co-parent earns more money than you, talk to your attorney about making an argument that the other party pay more for the guardian ad litem.
8. What will the guardian ad litem ask?
You can expect the guardian ad litem to ask you about your child’s history (who took care of them, where he or she lived), your child’s relationship with you and the other parent, information about your child (how he or she is doing in school, any challenges they are facing), and the nature of the dispute between you and the other parent.
9. How should I prepare to talk to the guardian ad litem?
Think ahead of time of what information you want to share with the guardian ad litem. Make a list of any people you think the guardian ad litem should talk to about your child and gather any documents that you think they should see. Be honest and courteous.
Tip: Sometimes a guardian ad litem might make a home visit to see you, with or without notice. Be prepared for this!
10. How should I prepare my child to talk to the guardian ad litem?
Tell your child that they are going to meet with someone to talk about how he or she feels about the divorce. Tell your child that they should be honest and open with the guardian ad litem and that he or she is there to listen to them and help them.
Tip: Do not tell your child what to say to the guardian ad litem or try to “coach” them before the visit.
11. How is the guardian ad litem selected?
Some judges will pick the guardian ad litem on their own. However, most judges will let the attorneys for the parents pick the person who serves as guardian ad litem, as long as they can agree on someone.
Tip: The choice of the guardian ad litem can make a big difference. All guardian ad litems have received special training and been approved by the court to serve. But they all have different styles.
12. What is Dean Taradash’s approach to being a guardian ad litem?
Dean Taradash has been practicing family law for 25+ years and is a father of two. He knows how to relate to kids and most importantly believes strongly in protecting them. Dean is often appointed by the courts as a guardian ad litem because of his fast response times, fair rates, and his dedication to helping children.