Guardian Ad Litem Investigations
A Guardian ad Litem, or GAL, is a person the court can appoint “to investigate and/or evaluate the child, the child’s family, and the child’s home life; and to share findings with the judge” (Hostetler and Sabino 2018, 305). In Massachusetts, a GAL generally works to advocate for the child’s best interests. The Probate and Family Court appoints several types of Guardians ad Litem, including Guardian ad Litem/Investigators and Category E evaluators.
A Guardian ad Litem/Investigator is an impartial professional, often an attorney, whom the court appoints to investigate and report on contested issues in domestic relations cases involving minor children. These can be issues like custody and visitation. The GAL investigates by interviewing the child, the parents, and third parties involved with the family, such as teachers and doctors. The GAL also requests signed authorizations to review relevant documents, including school and medical records. After gathering this information, the GAL prepares and files a written report of the facts found during the investigation. This report may include the GAL’s recommendations for resolving the matter. The judge is not required to adopt those recommendations, but courts generally give the GAL’s report significant weight.
A Category E evaluator is a different type of Guardian ad Litem the court may appoint in custody, visitation, or adoption matters. Unlike a GAL/Investigator, a Category E evaluator is typically a licensed mental health professional certified by the Probate and Family Court Administrative Office. This evaluator conducts an in-depth clinical evaluation of the family, following standards set out in Probate and Family Court Standing Order 1-08. The goal is to give the court a more clinically focused assessment than a standard GAL investigation provides.
If a minor child in a domestic relations case is in therapy, a question sometimes arises: can the child’s confidential therapy communications be disclosed in court? For example, the GAL may wish to speak with the child’s therapist or review the child’s therapy records. To allow this, the court must appoint a special type of Guardian ad Litem, one who can exercise or waive the child’s psychotherapist-patient privilege. This Guardian’s role is limited. They can decide whether the need to access privileged communications in the case outweighs the child’s right to keep their therapy communications confidential. The Guardian meets with both the child and the therapist, then prepares a short report recommending whether the court should waive the privilege.
The Probate and Family Court can also appoint a GAL in cases outside the domestic relations context. The court may appoint a GAL in a case involving guardianship of a minor to investigate and make reports and recommendations. This applies to a guardianship or conservatorship of an incapacitated or protected adult as well. In probate matters such as estates or trusts, the court may also appoint a GAL for a minor, incapacitated, or protected person who has an interest in the proceeding. In cases involving an elder or disabled adult who has allegedly suffered abuse, the court may appoint a GAL to determine whether that person has the capacity to consent to protective services.
The GAL will contact you or your attorney shortly after their appointment to set up a time to meet. You may have your attorney present at the meeting, although many attorneys feel the GAL meeting goes more productively without them there.
It’s important to remember, with all GAL appointments, that even if the person appointed as the GAL is an attorney, they are not acting as an attorney for either party. Nothing you say to the GAL is confidential. Any information you share with the GAL may reach the court and the other parties in the case. A good GAL will tell you this before your meeting.
The GAL will meet in person with the parties, and with the minor child or children, at least once. Some GALs ask to meet at their office, while others prefer to meet at home, so they can see the environment where the child lives or visits. The GAL will also need to meet privately with the children to discuss the issues in language they can understand. You may need to sign authorization forms so the GAL can obtain medical and educational records. If you have relevant documents you’d like the GAL to review, make copies before the meeting. It also helps to prepare a list of people you believe would be useful for the GAL to contact, such as school professionals, medical providers, and family members.
After meeting with the parties and the child, the GAL begins speaking with third parties and requesting records. Once the GAL feels they have gathered all relevant information, they prepare a report to file with the court. As a party in the case, you and your attorney have the right to review that report in court. Your attorney may ask the court for permission to retain a copy. No one should share the report’s contents with any minor children involved in the case.
The court may order one party to pay the GAL’s fee. It often orders the parties to share the cost. If both parties are indigent, the court may order the Commonwealth to pay for the GAL. Courts do not set “standard” GAL fees for private cases; each GAL sets fees independently. The court appoints the GAL, but each party’s attorney will often submit names of qualified GALs available to take the case. If a GAL appointment seems likely in your case, discuss your choice of GAL with your attorney well before the hearing.
To schedule a free consultation about hiring an attorney at Hera Law Group as your GAL, please call 978-637-2048 or email office@heralawgroup.com.
Practice Areas 209C Actions in Family Court Alimony (Spousal Support) Appeals Child Custody Child Support Contempt Actions in Family Law Divorce Domestic Violence & Restraining Orders Estate Planning Modification Actions in Family Law Guardianships Guardian Ad Litem Investigations LGBTQ+ Representation Mediation & Collaborative Law Paternity Actions in Family Law Prenuptials & Postnuptials Probate Law
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At Hera Law, we understand that hiring an attorney is a big decision. Call us for a free initial 15 minute phone consultation.
978.637.2048 office@heralawgroup.com
At Hera Law, we understand that hiring an attorney is a big decision. We welcome you to call us for a free initial 15 minute phone consultation.
978.637.2048
office@heralawgroup.com
