GAL Collateral Statement Requests
Wondering what your Guardian ad litem (GAL) wants to know from third parties and what information is important for the GAL to know or learn from friends, coworkers, neighbors, coaches, babysitters, family, extended family, etc.? Information should be relevant to the pending pleadings before the court and should be considered in light of the Illinois statutory factors in 750 ILCS 5/602.7. Read more below to learn about the types of information that is important to a GAL during a custody or visitation investigation.
Third Party (Collateral) Statement Requests
Pursuant to 750 ILCS 5/602.7, the Guardian ad litem investigates the parenting issues that are before the Court and may request information from third parties to learn more about personal observations (please include dates, times, and who was present, how you learned such information) for the below factors:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of the child/ren, taking into account the child/ren's maturity and ability to express reasoned and independent preferences as to parenting time;
(3) the amount of time each parent spent performing caretaking functions with respect to the child/ren in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;
(4) any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child/ren;
(5) the interaction and interrelationship of the child/ren with his or her parents and siblings and with any other person who may significantly affect the child/ren's best interests;
(6) the child/ren's adjustment to his or her home, school, and community;
(7) the mental and physical health of all individuals involved (parent/s & child/ren);
(8) the child/ren's needs (are there any special considerations, needs, or diagnosis to be considered);
(9) the distance between the parents' residences, the cost and difficulty of transporting the child/ren, each parent's and the child/ren's daily schedules, and the ability of the parents to cooperate in the arrangement;
(10) the physical violence or threat of physical violence by the child/ren's parent directed against the child/ren or other member of the child/ren's household;
(11) the willingness and ability of each parent to place the needs of the child/ren ahead of his/her/their own needs;
(12) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child/ren;
(13) the occurrence of abuse against the child/ren or other member of the child/ren's household;
(14) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
(15) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed;
(16) any other facts that you believe to be relevant and wish to share with the GAL that is not included above.
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Contact our Guardian ad litem and Family Law Attorney Today
Contact our Guardian ad litem and Family Law Attorney Today to either prepare for your GAL interview or to request an GAL become involved in your custody or visitation case. With 20 years of family law and GAL experience, our team can assist you as a parent or any third party concerned about being interviewed by a GAL. We can start preparing you for success today. Contact us for a consultation and planning session or to discuss if mediation could be helpful to resolve the investigation or parental conflict.