What Should I Do if I Disagree With a Guardian ad Litem’s Recommendation in Illinois?

 Posted on September 23, 2026 in Family Law

A guardian ad Litem (GAL) can play an important role in an Illinois child custody case. After investigating the family’s situation, the GAL gives the court recommendations about what they believe is best for the child.

If you hear a recommendation you don’t agree with in 2026, keep in mind that the GAL does not make the final decision. Our Kane County, IL family law lawyer can help you respond to the recommendation in court. Attorneys at Serrano Hanson & Hurtado, LLC also serve as GALs, giving them firsthand experience with the process and with finding practical solutions when a GAL is involved in a case.

Does an Illinois Judge Have to Follow the GAL’s Recommendation?

The judge does not have to follow the GAL’s recommendation. The GAL gives the court an opinion about what would serve the child’s best interests, but the judge makes the final decision.

Under 750 ILCS 5/506, the GAL generally must submit a written report, recommendations, or a proposed parenting plan at least 30 days before the final hearing or trial. The law also makes clear that the GAL does not take over the judge’s decision-making role.

An unfavorable recommendation can influence the case, but parents still have an opportunity to present evidence and respond to the GAL’s conclusions before the court rules.

How Can I Respond if I Disagree With the GAL’s Findings in Illinois?

If you have concerns about a guardian ad litem’s findings, start by reviewing their report carefully with your attorney. A disagreement is more useful when you can identify a specific factual error or conclusion that you believe is not supported by the evidence.

For example, your attorney can determine whether there are relevant records or witnesses that give the court a full picture of your family situation. The goal is to respond to the GAL’s findings with evidence rather than simply telling the judge that the GAL is wrong.

You should also continue following existing court orders while the case is pending. Disagreeing with the GAL does not change the parenting plan or other orders already in place.

Can a Guardian ad Litem in Illinois Be Questioned About Their Recommendation?

Illinois law allows a GAL to be called as a witness for cross-examination about the report or recommendations. The GAL must also be available for a deposition, where they answer questions under oath before the final hearing or trial.

Questioning gives your attorney a chance to address specific concerns about the investigation. This could include information the GAL relied on or facts that were left out of the report.

The purpose is not to attack the GAL for their opinions. It’s to make sure the court has the information it needs when deciding what is best for the child.

What Evidence Can I Use to Challenge a GAL’s Recommendation in Illinois?

The evidence will depend on the issue you disagree with. For example, if the GAL’s recommendation concerns parenting time, records showing your involvement in your child’s daily life could provide relevant information.

Other evidence could include:

• School or medical records related to an issue in dispute
• Messages or other communications between the parents
• Testimony from people with relevant knowledge
• Records that correct or add context to information in the GAL’s report

An attorney can help identify what information is relevant to the disputed recommendation and how it should be presented to the court.

Should I Contact the GAL Directly if I Disagree With the Report in Illinois?

Parents should be careful about contacting the GAL to argue about a recommendation. An angry email or phone call is unlikely to help resolve concerns about the report.

Instead, discuss the recommendation with your attorney before responding. Your attorney can determine whether information should be brought to the GAL’s attention or addressed through the court process.

You also want to keep your child out of the disagreement. Avoid asking your child to change what they told the GAL or trying to influence what they say in future conversations.

Contact a Kane County, IL Family Law Lawyer Today

The experienced attorneys at Serrano Hanson & Hurtado, LLC can help you navigate cases involving a GAL and walk you through your next steps. Contact our Geneva, IL child custody attorneys or call 630-844-8781 for a free consultation.

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