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 someone to represent the child or the judge may appoint someone. 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. 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. A child representative must consider the expressed wishes of the child. 

A guardian ad litem (also known as a “GAL”) makes recommendations to the court based on the best interest of the child. The GAL is required to investigate the facts and interview the child and the parties. They testify or submit a written report to the judge as to what is in the child’s best interest. 

An “attorney for the child” directly represents the child's wishes. 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.

The main difference is 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.

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. 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.