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Protecting Your Rights In Family Matters

The role of child advocates during high-conflict custody battles

On Behalf of | Oct 2, 2024 | Child Custody

Child advocates serve to protect the child’s best interests during divorce cases. This service is especially crucial in high-conflict cases that are complex and emotionally charged. 

In heated divorce proceedings, it can be challenging for parents to come to agreements that benefit the child. In such situations, Illinois courts may appoint a child advocate to intervene on behalf of the child.

Different types of child advocates

One common type of child advocate is a guardian ad litem. The court appoints a GAL to investigate the family situation and make recommendations regarding the child’s welfare. The GAL meets with the child and interviews parents and relatives. They might also deem it necessary to visit the child’s home to observe their living environment. After completing the investigation, the GAL submits a report to the court with recommendations regarding custody, visitation and other important matters related to the child’s well-being.

A child’s representative is another type of advocate appointed by the court. This representative ensures that all parties consider the child’s perspective during the proceedings. The child’s representative does not advocate for what the child may want but instead for what they believe to be in the child’s best interests. In some cases, this may even differ from the child’s expressed desires.

Ensuring impartiality

Both GALs and child representatives are neutral third parties who help to reduce the tension that can arise between parents in high-conflict situations. Their involvement can help prevent the child from being in the middle of parental disputes. By providing an objective viewpoint, child advocates help ensure that the court’s decisions prioritize the child’s emotional, psychological and physical well-being.

The use of child advocates in Illinois is especially helpful in situations where communication between parents has broken down or where concerns such as abuse or neglect might arise. The advocate’s role is all about making sure the child’s safety and happiness come first, even in the midst of a difficult and contentious custody battle.

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