Family & Safety

What is the difference between a child representative, a guardian ad litem, and an attorney for a child?

In a divorce, the parties may have disagreements as to what is best for their child. The parties may disagree about parenting time, support, or relocation, for example. In these cases, you may ask for or the judge may appoint a lawyer to help the court decide what is in the best interests of the child and to make sure that someone is able to represent what the child wants. These lawyers are each chosen to be the child’s lawyer.  People in these roles are called:

• Child Representative,
• Guardian Ad Litem, or
• Attorney for the Child.

A "child representative" advocates for the best interests of the child after reviewing the facts and circumstances of the case and must also consider the child’s wishes. The child representative meets with the child and the parties, investigates the situation, and encourages agreement. The child representative shares their position in a pre-trial memo, which the parties may consider if they are trying to settle, but the child representative is not required to testify in court.  

A guardian ad litem (also known as a “GAL”) makes recommendations to the court based on the best interest of the child. The GAL’s main role is to investigate the facts and interview the child and the parties, which may include home visits. Unlike the child representative, at the end of their investigation, the GAL will submit a written report to the judge as to what is in the child’s best interest and not necessarily what the child wants.  The GAL may also be called by the judge to testify in court about what they learned during their investigation. 

An “attorney for the child” isn’t necessarily acting in the child’s best interest but instead represents the child's wishes and presents them to the court, the same way a lawyer would represent any adult.  This role makes the most sense in the case of an older child. The attorney provides independent legal counsel for the child and owes the same duties of loyalty and confidentiality as are due to an adult client. It is less common for this role to be assigned.

It is important to remember that a GAL can be called as a witness or cross-examined by the parties. The GAL is the “eyes and ears” for the judge. This means there is no confidentiality for the child. The child representative and attorney for the child cannot be called as a witness or cross-examined. 

How do I know which to ask for?

Child representative and attorney for the child are good choices for older children. Because a child representative cannot be called on to testify in court, there can be more confidentiality. This is important if the child is nervous about what they say about either parent.  It is important to remember that the child representative and attorney for the child are your child’s attorney – not your attorney – and anything you say to them can be shared with the court or could be used against you in your case.

A GAL can be better for younger children. The GAL can “give voice” for the child in court testimony.

When should I ask for a GAL?

A GAL may be helpful if the parties are unable to compromise or reach an agreement. However, it is important to remember that the GAL is not an advocate for either parent, and what you tell them is not confidential. Their job is to investigate what is in the best interest of the child and report back to the judge. Judges often rely on the recommendations of the GAL, and it can be helpful to think of the GAL as a second judge.

How are these representatives appointed?

The judge may appoint an attorney to serve as a child representative, a GAL, or an attorney for the child. The court may do this on its own, or the parents may ask for it. Your lawyer can probably recommend someone who can act in these roles.

Who pays their fees? 

The judge may order fees paid to the child's attorney, GAL, or child representative. The fees may be paid by: 

• Either or both parents,
• The marital or civil union estate, if applicable, or
• The child’s estate, if applicable.

In Cook County, if you cannot afford to pay the fees, the judge may appoint the Office of the Cook County Public Guardian, which has sliding scale fees, or a pro bono child representative or GAL from a court-approved list.