Child custody disputes can be some of the most emotionally challenging and legally complex parts of a family law case. At Katz, Goldstein & Warren, we know how overwhelming it can feel when your child’s future is uncertain and legal proceedings become increasingly complex.
When parents can’t agree on custody, Illinois courts may appoint a neutral third party attorney – known as a child advocate – to help determine what arrangement best serves the child’s needs. These advocates play a powerful role in shaping custody decisions, often influencing parenting time, parental responsibilities, and long-term outcomes.
In this article, we’ll walk you through the different types of court-appointed child advocates, how they influence custody decisions, and why it’s so important to work with a knowledgeable family law attorney when one is involved in your case.
What Is a Court-Appointed Child Advocate?
In Illinois, a court-appointed child advocate is someone chosen by the judge to represent the child’s interests in a legal case involving custody, visitation, or other important family matters. The goal is to ensure the best interest of the child are protected and that decisions are made with their well-being in mind.
There are three types of child advocates commonly appointed in Illinois custody cases:
1. Guardian ad Litem (GAL)
A GAL is an attorney appointed to investigate the case and make recommendations to the court about what custody arrangement would best serve the child. This often includes interviewing the child, speaking with parents, caregivers, therapists and other third party collaterals, reviewing records, and sometimes conducting home visits. After gathering this information, the GAL submits a report to the court.
2. Child Representative
A child representative is also an attorney appointed to act in the child’s best interests. However, unlike a GAL, they do not submit a report. Instead, they actively participate in court hearings and negotiations on behalf of the child, much like an attorney would for an adult client. Their role is more advocacy-based.
3. Attorney for the Child
This advocate serves as the child’s legal counsel and is responsible for representing the child’s wishes, even if those wishes differ from what the attorney personally believes is best. The attorney must advocate for the child’s stated preferences in the same way any lawyer would represent a client in court. Court’s rarely appoint an attorney for the child and prefer to appoint GAL’s or child’s representatives.
How Child Advocates Affect Custody Decisions
Child advocates have a significant impact on custody outcomes because they offer the court an impartial perspective focused entirely on the child’s needs.
Here’s what they typically do:
- Investigate the Family Situation: This may include home visits, reviewing school or medical records, and interviewing people involved in the child’s life, such as teachers, doctors, or counselors.
- Speak with the Child: Advocates often meet with the child privately to better understand their preferences, concerns, and relationships with each parent.
- Provide Informed Recommendations: Based on their findings, they offer input on issues like where the child should live, how parenting time should be divided, making decisions for the child, and whether any limitations should be placed on parental responsibilities.
In high-conflict cases – especially those involving allegations of abuse, neglect, or serious disagreements over parenting – these advocates play a crucial role. Their recommendations help the judge make decisions that prioritize the child’s safety, stability, and long-term well-being.
Why You Need an Attorney When a Child Advocate Is Involved
When a child advocate is assigned to your case, the stakes are higher – and so is the level of complexity. An experienced family law attorney can help you navigate this process, protect your rights, and ensure your voice is heard.
Here’s how your attorney can support you:
- Review and Respond to the Advocate’s Report: If a GAL or other advocate submits a report, your attorney can examine it closely, identify any concerns or inconsistencies, and present evidence to challenge or clarify the findings.
- Protect Your Parental Rights: Your lawyer will advocate for your relationship with your child and demonstrate your ability to provide a safe, supportive environment.
- Communicate Effectively: Your attorney can act as a go-between to ensure that your concerns are communicated clearly and professionally to the court and the child advocate.
At Katz, Goldstein & Warren, we understand how emotional and stressful custody disputes can be – especially when another party is appointed to speak on behalf of your child. Our attorneys have extensive experience working with GALs, child representatives, and attorneys for children. We’ll guide you through the legal process with both compassion and strength, always keeping your child’s best interests and your rights at the forefront.
Illinois Law on Child Advocates: What You Should Know
Illinois law continues to support the use of child advocates in custody cases through Section 506 of the Illinois Marriage and Dissolution of Marriage Act. Under this statute, a court can appoint a GAL, child representative, or attorney for the child to participate in matters involving the child’s custody, visitation, support, education, and general welfare.
Some key factors courts consider when determining the child’s best interests include:
- The Child’s Wishes: Depending on the child’s age, maturity and other factors, their preferences can influence the court’s decision.
- Adjustment to Home, School, and Community: The court considers how well the child is doing in their current environment.
- The Mental and Physical Health of Everyone Involved: The well-being of both parents and the child is a crucial part of the custody analysis.
These legal protections are designed to ensure that every custody decision is thoughtful, balanced, and centered on the child’s unique needs and family dynamics.
Talk to an Illinois Custody Lawyer You Can Trust: Reach Out to Katz, Goldstein & Warren Today
If a court-appointed child advocate is involved in your custody case, you don’t have to face it alone. The family law attorneys at Katz, Goldstein & Warren are here to help you understand the process, prepare your case, and protect what matters most – your relationship with your child.
We proudly serve families throughout Cook, Lake, DuPage and McHenry Counties and surrounding communities in Illinois. Whether you’re going through a high-conflict custody dispute or simply need guidance navigating a complex legal process, we’re ready to stand by your side.
Call us today or fill out our online contact form to schedule a consultation and take the first step toward peace of mind.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every custody case is unique, and Illinois family law is subject to change. For legal guidance specific to your situation, please contact a qualified Illinois family law attorney.