
Recently, the Will County Circuit Court has been relying on Guardians at Litem to assist in investigating and making recommendations in order to resolve disputes between parents centered on the issues of parenting time, the determination as to who will make major parenting decisions for the minor child(ren), and other parenting issues. Previously, judges were routinely appointing experts to investigate and make recommendations on these types of issues. Unfortunately, even though these experts provided comprehensive, and at times exhaustive, reports and recommendations on what were formerly referred to as custody and visitation disputes, the amount of time it would take to finish their investigations and submit recommendations, along with the expense incurred for their work, made the appointment of such experts unattractive to most parents.
The appointment of a Guardian at Litem (GAL) to represent the minor child(ren) in these disputes is routinely a quicker and more cost-effective way to address the issues involved, and helps provide the Court with guidance in considering the best interest of the child(ren). It is important to keep in mind that GALs do not represent the parents, and parents should not expect a GAL to treat them as a client. Parents must always rely on the advice of their own counsel, especially when dealing directly with a GAL. Most importantly, parents should discuss with their own attorney the subject matter that they may be asked to address when speaking with a Guardian at Litem, as well as how best to present their position to the GAL, while at the same time deciding how to minimize the weaknesses in their case when questioned directly by the GAL. Many parents make the mistake that a GAL is somehow co-counsel in advocating for their position. Many times the GAL receives information from parents that most attorneys would caution against disseminating. Therefore, interacting with a GAL is an important subject that should be thoroughly discussed with an attorney before such communication begins.
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