Can a Guardian Ad Litem or Parent Coordinator Decide a Child’s School?

Question from Jeff, Can a Guardian Ad Litem or Parent Coordinator Decide a Child’s School?

Answer from AI:

In Illinois, the roles of a Guardian Ad Litem (GAL) and a Parent Coordinator (PC) in a divorce case are distinct, and their authority is defined by state law and court orders. Understanding their responsibilities and limitations is crucial for parents navigating these roles.

Roles and Responsibilities

• Guardian Ad Litem (GAL): A GAL is appointed by the court to represent the best interests of the child. They investigate the child’s situation and make recommendations to the court regarding custody, visitation, and other matters affecting the child’s welfare.
• Parent Coordinator (PC): A PC helps parents resolve disputes regarding their children without returning to court. They facilitate communication and may make decisions on minor issues, but their authority is typically more limited than that of a GAL.

Authority to Decide on Schooling

Generally, the decision about which school a child will attend is a significant one and is typically made by the parents or the court. Here’s how it works:

1. Parental Decision: Ideally, both parents agree on the child’s school. If they cannot agree, the court may intervene.
2. GAL’s Role: The GAL can make recommendations to the court about the child’s schooling based on their investigation. However, they do not have the authority to make the final decision.
3. PC’s Role: A PC may help parents reach an agreement on schooling but generally does not have the authority to make binding decisions on significant issues like school choice.

Fiduciary Duty and School Choice

A GAL has a fiduciary duty to act in the best interests of the child. If a GAL recommends a school that is clearly inferior, it could be argued that they are not fulfilling this duty. However, proving a violation of fiduciary duty would require substantial evidence that the GAL’s recommendation was not in the child’s best interests.

Parental Rights and School Events

Forbidding a parent from attending an open house or other school events is a more complex issue. Generally, both parents have the right to be involved in their child’s education unless a court order states otherwise. If a GAL or PC forbids a parent from attending an event, it could be challenged in court.

Steps to Take

If you believe that a GAL or PC is overstepping their authority or not acting in the child’s best interests, consider the following steps:

1. Document Concerns: Keep detailed records of any actions or recommendations you believe are inappropriate.
2. Consult an Attorney: Speak with a family law attorney to understand your rights and options. They can provide personalized advice based on your specific situation.
3. File a Motion: If necessary, your attorney can help you file a motion with the court to address your concerns about the GAL or PC’s actions.

Resources

For more information, you can refer to the following resources:

• Illinois Marriage and Dissolution of Marriage Act
• Illinois State Bar Association – Family Law Section

Remember, while this information provides a general overview, it is not a substitute for legal advice. Always consult with a qualified attorney for guidance tailored to your specific circumstances.