Guardians Ad Litem- What Exactly Do They Do?
Hey there, it's your favorite team at O'Connor Family Law, and we're here to address some common questions we've received about Guardians ad Litem (GAL) in the Massachusetts family court system. If you've ever wondered what they do, how long an investigation takes, or who pays for their services, you're in the right place.
What is a Guardian ad Litem?
First things first, what exactly is a Guardian ad Litem? A GAL is someone appointed by the court, typically upon agreement or order, in cases involving children. Their primary role is to conduct an independent investigation into the circumstances and allegations surrounding the case. They interview parents, children, and collaterals (third parties suggested by each parent) to gather information. These collaterals can include social workers, doctors, teachers, and more. Based on their findings, GALs make recommendations to the court.
Do GALs Favor the Parent with the Better Job?
A common misconception is that GALs might favor the parent with the higher-paying job. In reality, a parent's job has little influence on GAL decisions, unless extreme circumstances like homelessness or excessive work hours that impede childcare are involved. GALs focus on the child's best interests, not financial status.
What Shouldn't You Say to a GAL?
Wondering what you should or shouldn't say to a GAL? It's a case-specific matter, and the nuances are best discussed with your attorney. They can guide you on how to present your side of the case effectively when speaking with the GAL.
How Long Does a GAL Investigation Take?
We'd all love quick resolutions, but GAL investigations can take time. Some cases are wrapped up in a few months, while others can drag on for much longer. It's essential to ensure you're pursuing a GAL for valid reasons, rather than to delay proceedings.
Who Pays for GAL Services?
The cost of a GAL depends on the judge's order. In Massachusetts, it's typical for both parties to share the expenses. However, the judge may later reallocate these costs, considering each parent's financial situation. In some instances, the state might cover the GAL fees, but this shouldn't be your primary hope when requesting one.
What Does a GAL Look For?
As someone who has served as a GAL, I can share some insights into what we seek during investigations. We look for facts that go beyond mere he-said-she-said, seeking evidence and documentation to discern the truth. We also evaluate the practicality of each parent's proposed parenting plan based on their circumstances.
Additionally, we consider any other investigations or reports by neutral third parties, such as the Department of Children and Families (DCF). We pay attention to issues like domestic violence, substance abuse, and the overall suitability of the environment for raising a child. Furthermore, we evaluate how parents take responsibility for their actions and plan to prevent future mistakes.
It's important to note that every GAL has their unique approach to investigations, so discussing your case strategy with your attorney is crucial.
In conclusion, a Guardian ad Litem plays a vital role in child custody and family law cases, ensuring that the best interests of the child are at the forefront of any decisions and agreements. If you ever find yourself in a situation involving a GAL, remember to approach it for the right reasons and with a clear plan backed by evidence. And as always, consult with a Massachusetts family law attorney for personalized guidance.
I hope this information has been helpful. If you have any more questions or need legal assistance, don't hesitate to reach out to us at O'Connor Family Law. Give us a call at 774-315-4220 to get started today.