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A guardian ad litem can be requested by either the Court, or one or both of the parties involved. In most cases, the GAL will meet with the child to discuss specific issues. The GAL will also meet with the parents and interview other important people in the childs life.
Married parents of a child are joint guardians and have equal rights in relation to the child. The rights of parents to guardianship are set down in Section 6 of the Guardianship of Infants Act, 1964. For children born outside of marriage, only the mother has an automatic right to guardianship.
A guardian ad litem will be removed from the case if the court determines it appropriate to do so. A party who wants the guardian removed must file a written motion which states the basis for the requested removal. A copy of the motion must be given to all other parties in the case and to the guardian ad litem.
In family cases, a guardian ad litem (GAL) is appointed when parents cannot agree on a parenting plan for their children. Typically the judge or marital master issues an order appointing a particular GAL to investigate specific issues that are in dispute.
In Illinois, a Guardian ad litem is a divorce attorney with special training who is appointed by an Illinois Family Court to investigate issues regarding custody or visitation and to look out for the best interests of the children involved.
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Legal documents For your appointment as guardian to be valid, the Order Appointing Guardian of Minor must be signed. Once the court signs the order, the guardian must take prepared Letters of Guardianship to the clerks office where the clerk will issue the letters.
A person seeking the appointment of a guardian ad litem in a civil proceeding should use form CIV-010. A person seeking the appointment of a guardian ad litem in a family law proceeding should use form FL-935. A person may not act as a guardian ad litem unless he or she is an attorney or is represented by an attorney.
A guardian ad litem is an attorney and must follow all of the ethical rules that bind attorneys. For example, they may not communicate directly to a party who is represented by counsel or knowingly offer false evidence.
A Guardian ad Litem is appointed to inform the Judge of the childs wishes and feelings and to give advice on what he/she thinks is best for the child. The role of a Guardian ad Litem is to independently establish the wishes, feelings and interests of the child and to present these to the court with recommendations.
When a petition is filed to establish a guardianship, the court appoints a guardian ad Litem (GAL). The GAL represents the clients best interests (not the client him or herself) in the guardianship proceeding. The GAL also acts as a neutral investigator for the court.

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