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Swearingen Law Offices

Call Us630-820-8877

1700 North Farnsworth Avenue, Suite 28, Aurora, IL 60505

Aurora Guardian Ad Litem Attorney

Montgomery guardian ad litem divorce lawyer

GAL Lawyer Protecting Children's Interests During Divorce in Kane County

During divorce, spouses are likely to disagree about a wide variety of issues, and decisions involving children can lead to especially contentious disputes. While many couples are able to reach an agreement either by working together with their attorneys or through mediation, in some cases, the court must make decisions about how to allocate parental responsibility and parenting time. In order to ensure that children's best interests are protected in these decisions, a judge may decide to appoint an attorney to represent the parties' children, known as a guardian ad litem (GAL).

Attorney Brad Swearingen has more than 38 years of experience in family law, and he represents clients in divorce cases and serves as a court-appointed guardian ad litem. When you work with him, he will be sure you understand Illinois' divorce statutes and how they apply to you and your children, advocating for your children's best interests throughout the divorce process.

Duties of a Guardian Ad Litem

When a guardian ad litem is appointed, he will act as a legal representative for the children of divorcing parents. While the parents will typically split the costs the GAL's legal fees, he does not represent either of them, and his primary interest is protecting the children's best interests. He will conduct an investigation into the situation, which may include the following:

  • Interviewing the parents to discuss their relationship with their children, their history of performing childcare tasks, and their desires and plans for caring for their children following divorce.
  • Interviewing children in an age-appropriate manner to discuss their relationship with their parents, their desires, and their concerns.
  • Visiting the parents' homes to verify that they will be able to provide a safe environment that meets children's needs.
  • Consulting with third parties such as children's doctors, therapists, teachers, or family members.
  • Reviewing documents such as report cards, doctors' notes, and court records.

Following his investigation, the GAL will make a written report to the court providing recommendations regarding the outstanding issues which need to be resolved. The GAL may also be called as a witness for cross-examination during a divorce trial. While a judge is not required to follow a GAL's recommendations, his opinion carries a great deal of weight, since he acts as an impartial party whose goal is to reach a resolution that will best meet the children's needs and interests.

Contact a Kane County Divorce Attorney

If you need help resolving issues related to children during your divorce, you can trust that Attorney Brad Swearingen will work to reach the best possible solution as a guardian ad litem representing your children. If a GAL has been appointed in your divorce case, Attorney Swearingen will help you understand your rights and ensure that the law is followed correctly as you work to reach a resolution. Contact an Aurora divorce lawyer at 630-820-8877 to schedule a consultation. We serve clients in Batavia, Naperville, Montgomery, and throughout Kane County, DuPage County, and Kendall County.

AVVO AV Rating 10 Best Client Satisfaction Leading Counsel Kane County Bar Association
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