I have a lawyer and so does my husband and we are pretty much just fighting over the terms of custody for our 8 year old daughter. According to my lawyer, because of my husbands past drinking issues, a guardian ad litem may be required. He says it will be expensive but we should go that route. Is this a common thing and do I have another choice?
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Editor's Response
For those who do not know, a guardian ad litem, often referred to as a GAL, is a person, often with a legal or mental health background, who is appointed by the Probate and Family Court judge to investigate specified issues. It is "common" for the court to appoint a guardian ad litem in divorce and custody cases where there are allegations of drinking, abuse, or mental health issues, and also when one party seeks removal of the children from MA. The GAL will typically interview all relevant parties, including parents, kids, close relatives, and any other parties with whom the family has close and essential contact, such as doctors or teachers. The GAL will then prepare a report that outlines his findings.
So, yes, it can be expensive, it is definitely intrusive, and it can take some time to complete the investigation. As with anything else in life, however, if you are fortunate enough to have a qualified and experienced GAL appointed to your case, it will be worth the wait and the money. The information and insights gathered by the GAL are invaluable to the judge in making her decision and in attempting to discern what is in the best interest of the child. Good luck. For more general information, please visit our Massachusetts Divorce Law Discussion Forum.