Custody issues – known as the allocation of parental responsibilities in Illinois – are often the most difficult aspect of a divorce. Couples going through a divorce are usually required to try mediation, and if a mediated agreement cannot be reached, the Court could appoint a guardian ad litem (GAL), who is often another lawyer. The GAL will conduct an independent investigation into the child’s home situation before making a recommendation to the courts.
If there are still disagreements regarding parenting time or the allocation of parental responsibilities, the Court may choose to appoint a psychologist or psychiatrist who will conduct a more in-depth investigation into the parents to determine the best interests of the minor children. The power of the Illinois family courts to order such an investigation is found in Section 604(b) of the Illinois Marriage and Dissolution of Marriage Act, so a custody evaluation of this type is commonly referred to as a 604(b).