Some divorces and child custody battles can become very contentious, and in these cases, a child’s interests may be served through the appointment of a representative known as a guardian ad litem, who is tasked with advocating solely for the child’s best interests in the proceedings.

Illinois law allows for the appointment of a guardian ad litem in any case that involves child support, visitation, custody, education, parentage, or general welfare of a child.  A guardian ad litem may be appointed by a court, sometimes as a routine procedure, or by request of any party in the proceedings.  A guardian ad litem is supposed to make recommendations through a written report to the court to help the court render a judgment that is in the child’s best interest.  In order to write the report and make recommendations to the court, the guardian ad litem is required to interview the child involved in the case, as well as the parents and any other available witnesses.  Either party can question the guardian ad litem in court as to the content of their report.

A guardian ad litem should not be confused with a child’s court ordered attorney, although they both represent the child’s best interests. An attorney appointed to a child would provide independent legal advice for a child, and generally cannot be called to testify or be cross examined.

Marriages in which the spouses come from different faith traditions are now more common than ever. When such a couple first marries, religious-themed conflicts are often low because either the couple does not place a high priority on observing their families’ religious practices or the couple is eager to learn about their spouse’s religious heritage. In the latter case, this may lead to one spouse adopting the faith and religious practices of his or her spouse. When that same couple divorces, however, any differences that exist between the spouses’ differing religious beliefs and practices can become more prominent, especially when that couple had a child. It would be common for the divorcing parents to fight vehemently for the right to determine the religious upbringing of the child and to keep the child from exposure to the other parent’s faith traditions. How does a court decide which parent gets to determine a child’s faith?

The Standard: The Best Interest of the Child

Courts rarely (if ever) prevent parents outright from exposing their child to one philosophy or religion – or from keeping their child away from all religious groups altogether. When the parents are in agreement as to which religious faith child should be raised in (or if the child should be raised without exposure to any religious philosophy), then courts will generally honor that agreement and allow the divorced parents to cooperatively raise their child in accordance with that agreement. If there is no agreement, the court must make a decision based on what it believes to be the best interest of the child.

The holiday season can sometimes be an especially stressful for children of divorced parents. Between holiday dinners and get-togethers, completing schoolwork that may be assigned over the winter break, and finding time to spend with friends, it is no wonder that some children may be reluctant to spend a weekend or longer with the nonresidential parent – especially if that parent lives hours away from the child’s home or if the child does not have a good relationship with the nonresidential parent. If your child refuses to spend time with the nonresidential parent when it is that parent’s scheduled parenting time, what options do you have as the residential parent?

Option 1: Negotiate with the Other Parent

You may negotiate with the other parent to alter a parenting time schedule so long as you both agree to the modification and (preferably) you both sign a written document indicating the agreed-upon change. Perhaps in speaking with the other parent he or she would be willing to allow the child to remain with you and rest and visit with the child on another occasion. Do not be surprised, however, if the other parent does not wish to agree to a modification of the parenting time schedule around the holidays, as he or she may have already made plans that are difficult or impossible to undo. Nevertheless, speaking with the other parent may result in a quick and effortless solution.

Courtroom dramas on television and in the cinema often have as the climax of their stories the testimony from an experienced witness. This testimony “seals the deal” for one of the parties and makes a judgment in their favor inevitable. Whether it is the ballistics expert from the crime lab or the seasoned psychologist who provides the crucial insight into the killer’s mind, these courtroom shows can leave someone with the impression that the litigant who can present testimony from an expert has a distinct advantage over the other litigant in the courtroom. But is this assumption true?

Experts Help Judges and Juries Understand Specialized Information

It may surprise some people to learn that expert witnesses are not always permitted in every case. In most cases, an expert witness is only permitted to testify where there is some scientific or other complicated evidence that a normal individual with no specialized background or education would understand. The court will ultimately decide whether an expert witness is necessary in a given case.

News outlets from across the country reported on the recent child custody decision in which the judge found a mother to be an abusive and neglectful parent and refused to allow her three children to be returned to her custody. The mother was convicted of child endangerment after she and her ex-boyfriend allegedly carried out a plot in 2003 that resulted in the deaths of the woman's three children that she had at the time. Attorneys for the woman had attempted to argue that the three children taken from the mother in the present case had not been the victims of abuse. The judge, however, did not accept that explanation and found that he did not have to wait for the children to be injured before removing them from her custody.

How Long Will My Past Follow Me in a Child Custody Case?

The problems plaguing the mother are tied to her past, and some Illinois residents fighting for custody of their children or additional parenting time may be able to relate to her situation. Most parents know that in deciding on issues related to child custody, the court looks to what is in the “best interest of the child.” When a parent has been convicted of a criminal act toward a child (not necessarily the parent’s own child) or has had a child seriously injured on his or her watch, it may be difficult to convince a court that awarding him or her more parenting time – or even any parenting time at all – is in the child’s best interest. In some cases, a parent may never be able to escape his or her past but will have it follow him or her around for the entirety of the child’s minority.