There is no such thing as an “easy” custody case, even when parents are able to reach an agreement about what parenting arrangements are best for their child. However, some custody cases are more challenging than others. Allegations that one or both parents cannot provide suitable care for their child due to domestic/intimate partner violence, substance abuse, or mental health issues often complicate the resolution of a custody dispute. High conflict cases in which the parties are unable to co-parent often defy settlement. In these cases, a Guardian ad Litem may be appointed to assist the court in making appropriate decisions for the child.

If you are involved or expect to be involved in a custody matter involving a Guardian Ad litem, contact Ouellette Family Law to schedule a consultation.

What is a Guardian ad Litem?

A Guardian ad Litem (sometimes referred to as a “GAL”) is a professional – usually an attorney or a mental health professional – appointed by the court to obtain more comprehensive information than would otherwise be available for consideration. The court may decide on its own that a Guardian ad Litem is needed. In other instances, one or both parties may ask that a Guardian ad Litem become involved in the case. The costs of the Guardian ad Litem’s services are usually paid by the parties, although in some instances those costs are paid by the commonwealth.

All counties in Massachusetts have lists of approved Guardians ad Litem. However, parties may agree to the appointment of someone who is not on the court’s list as long as they have completed the requisite training to become a Guardian ad Litem.

The scope of the Guardian ad Litem’s involvement and the specific issues they need to address are generally determined by the court. Information is gathered through interviews of the parents and the child as well as observations of their interactions, usually in their home environment. The Guardian ad Litem may also interview people who know the family, such as friends, neighbors, teachers, and healthcare providers. School records, court pleadings, and communications between the parties, among other pertinent documents, are also reviewed. Psychiatric testing is sometimes arranged if there are mental health issues which require further evaluation.

At the conclusion of the investigation, the Guardian ad Litem submits a written report to the court which summarizes their findings. The court will often ask the Guardian ad Litem to make recommendations about custody and propose a parenting plan, always from the perspective of what is best for the child. Courts are not bound to follow the recommendations of a Guardian ad Litem, but they are generally given significant weight.

How Ouellette Family Law Can Help

Attorney Linda Ouellette is available to serve as a Guardian ad Litem in Massachusetts divorce and child custody matters. She is on the list of approved Guardians ad Litem for Middlesex, Norfolk and Worcester counties, and available for appointment in other counties throughout the commonwealth.

Linda Ouellette is a seasoned litigator with over 40 years of experience as a Massachusetts family law attorney. Having resolved hundreds of custody disputes – through both settlement and trial – Linda is well equipped to guide her clients through the often-stressful experience of a Guardian ad Litem investigation.