Guardian ad litem

2. 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.

3. 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. The GAL will also
request that authorizations be signed in order to review
relevant documents such as school and medical records.

4. 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. While the judge is not required to adopt the
recommendations of the GAL, the court generally places great
weight upon the report.

5. 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.

6. The role of this GAL is confined to deciding whether the need to
access the privileged communications in the case outweighs the
children’s right to keep communications with their therapist
confidential. This GAL will meet with the children, speak briefly
to the therapist and prepare a short report for the Court
recommending either to exercise or waive the privilege.

7. A GAL may also be appointed in non-domestic relations cases in the
Probate and Family Court. The Court may appoint a GAL in a case involving
guardianship or conservatorship of an incapacitated or protected adult, in
order to investigate the conditions under which said person is living and to
report and make recommendations to the Court.

10. 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