Do I get to choose the Guardian ad Litem or Child Representative?

No. The court makes the appointment under §506, either on its own or at the request of a parent. However, you can raise concerns about conflicts of interest (such as a prior consultation, etc.)..In rare cases, the court may replace an appointed GAL or CR for good cause, but absent a GAL or CR retiring or being appointed as a Judge, it is very unlikely to happen.

Will my child have to meet with the GAL or CR?

Yes. Both roles require meeting with the child. A GAL may meet the child at home, in school, or in another setting, and can include those conversations in their report. A CR also meets with the child, but communications with the CR are confidential.

Can a Guardian ad Litem be cross-examined in court?

Yes. A GAL files a written report and may testify at trial. Both parents’ attorneys can question the GAL in court about methods, findings, and recommendations.

Can a Child Representative be cross-examined?

No. A CR cannot testify or file a report. Instead, they present their position in motions and a pre-trial memorandum, acting like an attorney in the case.

Who pays for a GAL or CR, and how much does it cost?

The court decides how fees are divided between parents or from marital/child assets. GALs and CRs must submit itemized invoices every 90 days. Costs vary by county and complexity; in Cook County, the Public Guardian may step in when families cannot afford representation.

How long does the appointment last?

The appointment typically lasts until the final order is entered or the court terminates the appointment. In most cases, this means the GAL or CR remains involved through trial and judgment entry. However, courts can appoint a GAL or CR for a limited purpose (such as investigating one specific issue like relocation) or for the duration of the entire case, including post-judgment modifications. In high-conflict cases, a GAL or CR may be reappointed in future proceedings if disputes continue. The court order appointing the GAL or CR should specify the scope and duration of the appointment.

Can I request a GAL or CR for my case?

Yes. A parent may file a motion asking the court to appoint a GAL or CR, typically when there are serious disputes about parenting time, allegations of abuse or neglect, relocation issues, or high-conflict situations where the child's voice needs independent representation. The court has discretion and will consider whether an appointment is necessary to protect the child's best interests. Be aware that the other parent may object, and appointing a GAL or CR will increase the overall cost of your case as fees are typically divided between parents.

What if I believe the GAL or CR is biased or has a conflict of interest?

Raise your concerns with your attorney immediately. If the GAL or CR has a prior relationship with one of the parties, previously represented a parent, you can file a motion to remove and replace them. The court will hold a hearing to determine if good cause exists for removal. Examples of potential conflicts include prior representation of a party or attorney in the case, personal relationships with a party, or demonstrated bias in their investigation or advocacy. It is rare for a Court to replace a GAL or a CR simply for reasons of perceived “bias”, as generally, parents are not always happy with what a GAL or CR does in a case, so these types of issues are not often treated the same as a conflict of interest.

What’s the difference between a GAL/CR and a custody evaluator (604.10 evaluation)?

A GAL or CR is a licensed attorney who represents the child’s best interests (or acts as their attorney, in the case of an Attorney for the Child). A 604.10 evaluation is performed by a mental health professional, who writes a formal report about parenting abilities and family dynamics.

How long does a GAL or CR investigation typically take?

The timeline varies based on case complexity. A typical GAL or CR investigation takes 4-8 weeks from appointment to completion, though high-conflict or complex cases may take several months. A GAL files their written report when the investigation is complete or before trial, but may give oral reports prior to the filing of a final report. A CR prepares a pre-trial memorandum shared with counsel closer to the hearing date when the matter is set for a pretrial and the Court orders it, the same as the parties’ counsel, but otherwise may not put their position in writing. In long-running cases, the GAL or CR may remain involved throughout the litigation and post-judgment proceedings.

Can I appeal a GAL recommendation or a court order based on GAL testimony?

You cannot directly appeal a GAL's recommendation, but you can appeal the judge's final order if you believe the court erred in relying on the GAL's testimony or report. On appeal, you would need to show that the trial court abused its discretion in considering or weighing the GAL's input. Because GALs can be cross-examined at trial, your attorney has the opportunity to challenge their findings, methods, and conclusions before the judge makes a final decision. Child Representative positions cannot be directly challenged through testimony since CRs do not testify, but their advocacy and recommendations can be addressed through other evidence and argument.

Author: Jessica Marshall

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