Hingham, MA family law attorney Jason V. Owens explains how Guardian ad Litems (GAL) impact child custody cases. He explains that guardian ad litems, or GALs, are commonly used in cases across the country. In Massachusetts, they serve as the court’s eyes and ears, conducting investigations by interviewing the parties, children, and others with knowledge about the child, such as doctors, teachers, or therapists. The GAL compiles this information into a report submitted to the court. Importantly, a GAL report is admissible as an exception to the hearsay rule, even though it contains out-of-court statements.

In Massachusetts, GALs are frequently appointed in child custody cases to make recommendations regarding parenting time and custody arrangements. Part of his role as an attorney is to help clients navigate the GAL process, understand the types of questions that will be asked, and learn how to conduct themselves during the investigation. It is also critical to consider the GAL’s background—whether they are a therapist, an attorney, someone well-established in the court system, or a newer GAL—as these factors can influence the strategy to ensure the client achieves the best possible outcome in the custody case.