Guardian Ad Litem

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Guardian Ad Litem

• There several types of Guardian ad Litem (GAL)
  appointments that occur in the Probate and Family
  Court.

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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. 
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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.
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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.
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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. 
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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.
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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.
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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.
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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.
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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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Our offices are located in Maynard, Massachusetts.
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