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Guardian Ad Litem There several types of Guardian ad Litem (GAL) appointments that occur in the Probate and Family Court.
A Guardian ad Litem/Investigator is an impartial professional (often an attorney) appointed by the court to investigate and report to the court on contested issues in domestic relations cases involving minor children, such as custody and visitation.
The GAL investigates the matter by interviewing the children and parents as well as third parties involved with the family, such as teachers and doctors.
After gathering all relevant information, the GAL then prepares and files a written report of the facts found during the investigation which may or may not include recommendations for resolution of the matter, such as suggestions for counseling or visitation.
A second type of GAL often appointed in domestic relations cases is the GAL/Next Friend. This type of GAL is not an impartial investigator. Instead, the GAL/Next Friend represents the best interests of the minor children involved in the proceeding.
While an attorney is required to advocate for the expressed preferences of his or her client, the GAL/Next Friend advocates for what he or she believes to be in the best interest of the children. In order to do this, the GAL/Next Friend meets with the children and family, as well as professionals involved with the family and also reviews school and medical records.
Once the GAL feels that all relevant information has been gathered, she or he will prepare the report that will be filed at court. As a party to the case, you and your attorney have the right to review the report at court. Your attorney may request that the Court allow him or her to retain a copy of it. The information in the report should not be shared with the minor children involved in the case.
Many clients ask how a GAL is paid. The Court may order that the fee be paid by one of the parties, but often it orders that the cost be shared by the parties. If both parties are indigent, the Court may order that the Commonwealth pay for the GAL.
Each GAL sets his or her fees independently. While the Court appoints the GAL, the attorney for each party may submit the names of appropriate GALs who are available to accept the case. If it is likely that a GAL will be appointed, it is a good idea to discuss the choice of a GAL with your attorney in advance of the hearing.
If you are looking for a Guardian Ad Litem for your case in Probate and Family Court, please contact Levine-Piro Law at 978-637-2048.
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