Child with Divorcing Parents
When children are involved in a divorce case and there are parenting issues regarding the children, divorcing clients often ask their divorce lawyer the following questions:
- What is a Child Representative (Child Rep)?
- What is a Guardian Ad Litem (GAL)?
- When are they assigned?
- Why are they assigned?
- Who is responsible for paying their fees?
I posted a blog on this subject in 2012, but thought it was time to revisit this topic.
When Might a Child Rep or a GAL be Assigned?
If you are divorcing and have children – a GAL or Child Rep might be assigned at the court’s discretion to act on behalf of the minor children. This could occur when there are issues that cannot be resolved by the parties involved such as custody disputes or parenting time. Of course, the courts vary depending on the state or county. This information relates to my work as an Illinois divorce lawyer in Chicago (Cook County) or the counties in the Chicagoland area.
Who Are Child Reps or GALs?
These are licensed attorneys that serve as independent legal represenatives for the children.
Who Pays the Fees?
The parents are typically responsible for the fees the child advocates incur for their representation.
What are Guardian Ad Litems?
A GAL is assigned to act as an advocate for the minor children. The GAL investigates the facts of the case, interviews the children and the parties. After the investigation, the GAL generally submits a written report to the court sharing her/his recommendations regarding what is in the best interests of the children in this specific case. The GAL may be called as a witness to testify about their findings and maybe cross-examined regarding their recommendations contained in the report.
What is the Role of Child Representatives?
The Child Rep’s role is also to advocate what is in the best interests of the child. Like the GAL, the Child Rep interviews the children and the parties and investigates the facts of the case. The Child Rep also tries to encourage settlement through negotiations versus litigation or trials. The Child Rep possesses all of the powers of a GAL.
What the difference is between a Child Rep and a GAL?
A significant difference between the two, however, is that the Child Rep does not provide an opinion or report to the court regarding the children. Rather, a Child Rep may participate in the trial in a manner similar to a lawyer by offering evidence based legal arguments as to what is in the best interests of the child. Additionally, a Child Rep is not called as a witness to testify in court.
It is obvious that legal issues such as the one above can be complicated and require further discussion. If you have any additional questions regarding divorce or the roles of child advocates, please contact me.
