Not every divorce or paternity action involves a custody dispute. Even when parents cannot agree on custody or parenting plans, there are options in a case to help them reach agreements. Sometimes parties and counsel can use alternative dispute resolution, parenting coordinators, or family therapists to assist in reaching agreements in the best interest of the children.
There are some situations, however, when parents are not able to reach an agreement and they and the court need assistance from an investigator or evaluator. That person is known as a Guardian Ad Litem (“GAL”).
A GAL is often appointed if a case involves mental health issues, substance abuse issues, abuse, or if one parent wants to move the children out of the state of Massachusetts. The GAL can be chosen and agreed to between counsel and the parties. If an agreement cannot be reached a GAL can be appointed by a judge from a list or chosen for their specialty in a specific area.
This person is a neutral third party who will interview parents, children, and other people with knowledge of the family. They will look into the child's living situation and relationships with each parent. This may involve interviewing parents, family members, teachers, and other relevant parties to gather information and assess the child’s needs. The GAL may also review school records, medical records, and other documents to inform their opinion and recommendations.
The GAL is typically paid for by the parties. After concluding their report, a GAL may be deposed or may also be called to testify at a trial. They may make recommendations to the court regarding custody arrangements, visitation schedules, or other child related issues.
Overall, Guardian Ad Litems can play a crucial role in family law cases involving children in Massachusetts. They may be necessary to assist in reaching a resolution of a custody matter.
