How Is Child Custody Decided in Illinois? A Divorce Attorney and Guardian ad Litem's Perspective
When parents are facing divorce, nothing is more important than their children. One of the first questions I hear is, "How will the court decide custody?"
The answer is more nuanced than many people realize.
As both a divorce attorney and a court-appointed Guardian ad Litem (GAL), I've seen these cases from both sides. I represent parents navigating contested parenting disputes, and I am also regularly appointed by judges to investigate those same disputes and make recommendations to the court regarding the children's best interests.
That dual perspective has given me valuable insight into what courts are looking for, how GAL investigations are conducted, and, perhaps most importantly, the mistakes parents unknowingly make that can damage their credibility.
Illinois Doesn't Use the Term "Custody"
Illinois now refers to:
Allocation of parental responsibilities (who makes major decisions regarding education, healthcare, religion, and extracurricular activities)
Parenting time (the schedule determining when each parent is with the children)
The court's goal is not to determine a winner and a loser. Its focus is creating a parenting arrangement that serves the children's best interests.
What Does a Guardian ad Litem Actually Do?
One of the biggest misconceptions I hear is that a Guardian ad Litem is "on one parent's side."
That isn't the role.
A Guardian ad Litem is appointed by the judge to conduct an independent investigation and make recommendations regarding what arrangement is in the children's best interests.
Every investigation is different, but it commonly includes:
Interviews with each parent
Meetings with the children
Home visits
Review of school, medical, therapy, and other relevant records
Review of communications between the parents
Interviews with teachers, therapists, doctors, and other professionals involved with the family
Serving as a Guardian ad Litem has taught me that parenting cases are rarely decided by one dramatic event. Instead, the recommendations often come from identifying consistent patterns in each parent's behavior and decision-making.
What Is the Court Really Looking For?
Parents often spend tremendous energy trying to prove everything the other parent has done wrong.
In my experience, that is rarely what determines the outcome.
The court—and the Guardian ad Litem—is typically evaluating questions such as:
Which parent places the children's needs ahead of the conflict?
Which parent is more likely to foster a healthy relationship with the other parent?
Which parent demonstrates sound judgment?
Which parent is willing to communicate and solve problems?
Which parenting plan provides stability for the children?
Credibility matters.
The parent who remains child-focused, reasonable, and solution-oriented is often in a much stronger position than the parent who treats the litigation as an opportunity to attack the other parent.
Common Mistakes Parents Make
Having investigated numerous parenting cases as a Guardian ad Litem, I've seen many parents unintentionally weaken their own position.
Some of the most common mistakes include:
Speaking negatively about the other parent in front of the children
Coaching children before interviews
Sending emotional text messages or emails
Violating parenting orders out of frustration
Using the children as messengers
Making allegations without supporting evidence
Focusing more on the marital conflict than the children's needs
Parents often assume the investigation is about proving the other parent is flawed. More often, it is about demonstrating your own ability to provide stability, good judgment, and a healthy environment for your children.
Do Courts Automatically Award 50/50 Parenting Time?
No.
Illinois law does not presume that every family should have an equal parenting schedule.
For some families, equal parenting time is appropriate. For others, factors such as work schedules, school commitments, distance between homes, or the children's individual needs make a different arrangement more appropriate.
Every case is unique.
Preparation Matters
If a Guardian ad Litem has been appointed in your case, preparation is important—not because you should rehearse answers or stage your home, but because you should understand the process.
One of the advantages I bring to my clients is that I know firsthand what a Guardian ad Litem is looking for because I perform that role myself.
I understand:
What information tends to be persuasive
What documentation is actually helpful
How communications are interpreted
Which issues deserve attention—and which are distractions
That perspective allows me to help clients prepare strategically while keeping the focus where it belongs: on the children's best interests.
Experience From Both Sides of the Courtroom
Representing parents in contested custody cases is only one part of my practice. Serving as a Guardian ad Litem has given me a unique understanding of how parenting disputes are investigated and evaluated.
Whether I am advocating for a client or conducting an independent investigation for the court, the same principle applies: the strongest parenting cases are built on credibility, preparation, and a genuine commitment to the children's well-being.
Speak With a Chicago Child Custody Attorney
If you're involved in a contested parenting dispute or have learned that a Guardian ad Litem has been appointed in your case, understanding the process early can make a significant difference.
I represent parents throughout Chicago and the surrounding suburbs in complex parenting matters. My experience both litigating these cases and serving as a court-appointed Guardian ad Litem provides insight into how parenting disputes are investigated, evaluated, and ultimately decided.
Request a confidential consultation to discuss your case and develop a strategy that protects both your children and your relationship with them.