When parents in Massachusetts are unable to come to an agreement on issues related to child custody and visitation during a divorce, a Guardian Ad Litem or GAL may be appointed by the court to assist in determining the best interests of the child.
Who is a Guardian Ad Litem?
A Guardian Ad Litem is a court-appointed individual who is tasked with investigating and reporting on the best interests of a child in a contested custody or visitation case. In Massachusetts, the Guardian Ad Litem may be an attorney or another qualified professional, such as a mental health professional or social worker.
Why is a Guardian Ad Litem needed in a divorce case?
The role of a Guardian Ad Litem is to evaluate the situation and make recommendations to the court about what is in the best interests of the child. The Guardian Ad Litem may use a variety of methods to do this, including interviewing the parents, reviewing documents and reports, observing the child and speaking with other individuals who may be involved in the child’s life, such as teachers or health care providers.
What is the process of appointing a Guardian Ad Litem?
The appointment of a Guardian Ad Litem usually occurs during a hearing or conference between the judge and the parties to the divorce case. Once the Guardian Ad Litem is appointed, they will typically provide a report to the court that outlines their findings and recommendations for custody, visitation and related matters.
What are the duties of a Guardian Ad Litem?
The duties of a Guardian Ad Litem include:
- Meeting with the child, parents, and other relevant individuals to gather information
- Conducting investigations and gathering evidence
- Reviewing documents, records, and reports related to the child and family
- Observing the child in different contexts, such as at school or during other activities
- Making recommendations to the court on matters related to custody, visitation and any other issues related to the child’s well-being
Can the recommendations of a Guardian Ad Litem be challenged?
The recommendations of a Guardian Ad Litem are not binding on the court but are given significant weight in custody and visitation disputes. However, either party in a case may challenge a Guardian Ad Litem’s recommendations or findings if they believe that there is evidence that contradicts the report or if they believe that the Guardian Ad Litem acted in an unprofessional or biased manner.
Conclusion
The role of a Guardian Ad Litem is an important one in Massachusetts divorce cases where there are contested custody and visitation issues related to a child. The Guardian Ad Litem’s job is to make recommendations that are in the best interests of the child, taking into account all relevant information and observing the child in various contexts. While their recommendations are not binding, they are given significant weight by the court, and can be challenged by either party under certain circumstances.