The rest of what we have written about Illinois. Every figure is quoted from Illinois’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Illinois: who they are, what they owe your child, and who pays
If custody is contested in Illinois, the court can appoint someone to look into your family and report to the judge. This page is what Illinois’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
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Everything below is traced to Illinois’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — 750 ILCS 5/506(a) opens by authorizing the court to 'appoint an attorney to serve in one of the following capacities' — attorney for the child, guardian ad litem, or child representative — so all three roles are filled by licensed attorneys.
- Who pays — Some counties (e.g., Cook County Public Guardian) reportedly offer sliding-scale or pro bono appointments, but this is local practice, not a statutory provision, so it is not cited as verified.
- Custody evaluations — Illinois governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about Illinois
In this subject 9
What the role is called here
The short version7 points · tap one to jump to it
- What the role is called here — A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer.
- How an appointment happens
- What duty they owe your child
- Who can be appointed — 750 ILCS 5/506(a) opens by authorizing the court to 'appoint an attorney to serve in one of the following capacities' — attorney for the child, guardian ad litem, or child representative — so all three roles are filled by licensed attorneys.
- Who pays — Some counties (e.g., Cook County Public Guardian) reportedly offer sliding-scale or pro bono appointments, but this is local practice, not a statutory provision, so it is not cited as verified.
- Custody evaluations — Illinois governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem.
- The thing worth knowing about Illinois
In this subject 9
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
the court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to address the issues the court delineates
Source: 750 ILCS 5/506 · source
What duty they owe your child
hybrid/dual role — differs by which of the three roles is appointed
Attorney for the child: ‘shall owe the same duties of undivided loyalty, confidentiality, and competent representation as are due an adult client.’ Guardian ad litem: submits recommendations aligned with the child’s best interests after investigation. Child representative: ‘shall advocate what the child representative finds to be in the best interests of the child.’
Source: 750 ILCS 5/506 · source
Who can be appointed
750 ILCS 5/506(a) opens by authorizing the court to ‘appoint an attorney to serve in one of the following capacities’ — attorney for the child, guardian ad litem, or child representative — so all three roles are filled by licensed attorneys.
Who pays
The court shall enter an order as appropriate for costs, fees, and disbursements… payment by either or both parents, by any other party or source, or from the marital estate or the child’s separate estate.
Source: 750 ILCS 5/506(b) · source
none found — 750 ILCS 5/506 contains no statutory indigency waiver or fee-shifting provision for indigent parties; it only bars payment by the Department of Healthcare and Family Services in cases where that Department is providing child support enforcement services. Some counties (e.g., Cook County Public Guardian) reportedly offer sliding-scale or pro bono appointments, but this is local practice, not a statutory provision, so it is not cited as verified.
We looked for an official Illinois fee schedule for privately appointed guardians ad litem and custody evaluators, and did not find one. That is true of most states — only a handful publish figures at all, among them Arkansas, Massachusetts and Minnesota, and those are subsidized program rates rather than market ones.
The numbers circulating online come from law-firm marketing pages. We will not repeat those as though they were sourced. Call your county family court clerk and ask what appointees there actually charge. It is local, current, and free.
Custody evaluations
Illinois governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem. An evaluator is a witness, not an advocate — and their recommendation is a recommendation, not a ruling a judge is bound by.
Source: 750 ILCS 5/604.10 · source
Before an evaluation begins, it is worth asking which psychological instruments will be used. The peer-reviewed literature is openly critical of several still in circulation — one has interrater reliability reported as ranging from 50% to 100%. The evidence, in full.
The thing worth knowing about Illinois
Illinois uniquely splits child representation into three distinct attorney roles under one statute — attorney for the child (client-directed, follows the child’s wishes), guardian ad litem (investigates and recommends the child’s best interests), and child representative (an advocate who independently determines and argues for the child’s best interests without being the child’s directed counsel) — and a court can appoint only one of the three per case.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Illinois child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made