If you are going through a contested divorce or custody dispute in Massachusetts and children are involved, you may hear a judge or attorney mention the possibility of a Guardian ad Litem, commonly called a GAL. For most people, the term is unfamiliar and the process is abstract. Here is a plain-language explanation of what a GAL is, what they do, and what to expect if one is appointed in your case.
What Is a Guardian ad Litem?
A Guardian ad Litem is an independent investigator appointed by the Probate and Family Court. Their job is not to represent you, your spouse, or your child. Their job is to investigate the facts of the case and report their findings to the judge.
The appointment authority comes from M.G.L. c. 215, § 56A, which allows a Probate Court judge to appoint a GAL to investigate facts in any case involving questions of the care, custody, or maintenance of minor children. The GAL must file a written report with the court before the case reaches final judgment, and that report is available to all parties and their attorneys.
When Does a Judge Appoint One?
GALs are most commonly appointed when the parents cannot agree on custody or a parenting plan, or when concerns have been raised about one or both parents’ ability to safely care for the children.
Common situations include allegations of domestic violence, substance abuse, or mental illness; concerns about a child’s welfare; relocation requests where one parent wants to move the child out of state; and cases where both parents are seeking sole physical custody.
The judge controls when a GAL is appointed and what the scope of the investigation will be.
Who Are Guardian ad Litem?
In Massachusetts, a GAL is typically an experienced attorney with at least three years of practice in the Probate and Family Court. In some cases, particularly where mental health assessments are needed, the court may appoint a licensed mental health professional instead.
There are two primary categories:
- A Category F GAL (also called a GAL/investigator) gathers and analyzes factual information and writes a report. They do not conduct formal psychological evaluations.
- A Category E GAL (also called a GAL/evaluator) is always a mental health professional who both investigates the facts and evaluates them using clinical expertise, including psychological testing or evaluation if appropriate.
The court appoints GALs from an approved list maintained by the Administrative Office of the Probate and Family Court
What Does the Investigation Look Like?
Once appointed, the GAL typically meets separately with each parent, interviews the child (depending on the child’s age and circumstances), visits each parent’s home to observe the living environment and parent-child interaction, and speaks with collateral sources such as teachers, pediatricians, therapists, coaches, or other adults who know the child well.
The GAL may also review school records, medical records, and other relevant documents. The investigation commonly takes several months to complete, and extensions are sometimes granted.
One important note: the GAL cannot interview the child’s therapist without a separate court order addressing the child’s psychotherapy privilege, because that privilege belongs to the child and cannot be waived by either parent.
The GAL’s Report and Recommendations
Before the case reaches final judgment, the GAL submits a written report to the court summarizing their investigation and findings. Depending on the scope of the appointment, the report may also include recommendations about custody and parenting time.
The report is not binding. The judge can consider all the evidence presented at trial and is not required to follow the GAL’s recommendations. That said, judges often give significant weight to GAL reports, which makes the investigation an important part of any contested custody case.
Who Pays for the Guardian ad Litem?
GAL fees are generally shared between the parties, though the court may adjust that allocation based on financial circumstances. Many GALs require a retainer at the outset, which is drawn down as the work progresses.
Under G.L. c. 215, § 56A, compensation is fixed by the court.
What a Guardian ad Litem Is Not
A GAL is not your advocate and is not your child’s lawyer. A GAL cannot give legal advice to either party. Their obligation is to the court and to the child’s best interests, not to either parent’s preferred outcome. Understanding that distinction helps you approach the process constructively.
