Information About Massachusetts GALs and Parent Coordinators
In order to better investigate what would be the best interest of children involved in hotly-contested custody or divorce cases, the courts often appoint investigators to determine what should happen to a child relating to custody arrangements and parenting plans. The two most commonly appointed professionals are Guardians ad Litem (GAL) and Parent Coordinators.
GAL Investigations
A Guardian Ad Litem is a person appointed by the court to represent the best interest of a child or children in a proceeding where, in a divorce or paternity action, a judge deems it necessary to appoint such a person to assist in determining the best custody or parenting plan for the child or children.
The term "ad litem" means "for the purposes of the proceeding" and the GAL's involvement with the family ends when the court case ends.
Once assigned, the GAL will meet with and interview the parents and children in the family. Additionally, he or she will interview by telephone or in person, teachers, doctors, coaches, babysitters, parents of friends, and others who have knowledge of the child or family. Additionally, the GAL may review mental health and medical records of the child and parents, and additionally request that the children or parents undergo medical or mental evaluations, or some type of counseling.
Further evaluations will be made of both parents' home and work schedule. In some cases, the children's preferences will be addressed. At some point in the interview, you will be asked about yourself as a parent, about your former spouse's strengths and weaknesses as a parent, and about your previous relationship in general. Our attorneys advise clients to tell the truth, be objective, and always focus on the best interests of your children first and foremost.
Do not attempt to gain favorable support with the GAL. That behavior will go against you. Don't worry about selling yourself; the interview and investigation is not a popularity contest. Let the facts reveal and support the truth relating to you and your children.
Parenting Coordinators
When parents have frequent disputes about child-related issues such as the parenting schedule, exchange times and locations, extracurricular activities, education choices, and medical decisions, or the parties have been back-and-forth to court several times, the judge may label the parties "high conflict," and either encourage or order them to work with a parent coordinator.
Parenting coordinators are paid an hourly fee, set by each parenting coordinator. The fees are similar to those charged by other divorce professionals. The parties either agree, or the judge orders how the costs are to be apportioned between the parties. Our attorneys typically encourage joint financial responsibility subject to reapportionment by the coordinator should he or she determine that one of the parents has been less than reasonable.
The cost of a parent coordinator is small in comparison to what it could cost to battle in court. Continued litigation over parenting matters increases the stress and animosity between the parents and results in harm to the children – a cost that cannot be measured in dollars.
No matter what type of evaluator is involved in your case, highly-contested custody battles tend to involve the same types of issues and the same kind of behavior. Our attorneys often warn clients against the following:
- Over-the-top gift giving can be viewed as a desperate attempt to purchase affection and will create unnecessary stress for the children.
- Listening to conversations between your children and their other parent.
- Discussing issues related to your divorce case with the children – ever.
- Being critical or making fun of your spouse in front of the children. Children need to respect both parents.
- Using the children to act as couriers or messengers, even to deliver a note or a late child support check.
How to Make a Favorable Impression on the Custody-Appointed Evaluator
Since the ultimate decision about which parent wins custody (or receives the better portion of a parenting schedule) starts in the hands of a court-appointed evaluator and ends in the hands of your judge, our attorneys recommend that you influence his or her decision in your favor by considering what is in your child's best interest and showing that your primary reason for seeking custody is not to lower your child support obligation or spite your current spouse. To make the right impression, and to present an image of a model parent:
- Whenever it's necessary to communicate with your former spouse, keep a log of what was said. Include the date, time, and the length of the conversation. Failure to keep a log allows opportunities to slip away. Something said may prove to be beneficial to your case later on.
- If asked by the court-appointed evaluator about your soon-to-be former spouse, refrain from saying anything negative. If you come across having any open hostility, anger, hatred, or ill will toward him or her, it will come across in a negative way. Just give the facts and specific incidents. Let the evaluator arrive at his or her own conclusions. Focus on the needs of your children.
Will the Judge Give Custody to Whoever the GAL Suggests?
Recommendations are supposed to be considered by the court, but not necessarily determinative. An evaluation will usually carry a lot of weight with the judge, and one would hope that whoever the court appoints to investigate the best interest of the child has the credentials and experience to truly assess what is best for your child.
Unfortunately, there are times where the evaluator's bias or opinions are not in line with what is truly best for your child. In times like that, the only alternative is to present the court with other documentation, evidence, witnesses, and experts with superior credentials to refute the report and offer alternate views to the court.
Our Winning Formula and Unique Strategy
Since our attorneys are assigned to a specific region and set of courthouses, we know how policies and procedures are handled in each courtroom, and you can count on the fact that we know how each judge tends to work.
Instead of being dependent on a single attorney, you get an entire team backed by our statewide network of carefully recruited family law attorneys who have experience in working with custody challenges, allegations of parental misfitness, and custody evaluators throughout Eastern Massachusetts. We work as a team to watch your back, stand-up to your spouse, and prevail in the courtroom. When you become a client, our entire team is available to you at a moment's notice – 7 days a week, 24 hours a day. Each of our attorneys is available on Blackberries and is available to answer your questions by phone or e-mail anytime - not just during office hours!
When you are involved in matters relating to custody evaluations, your chief concern is doing what's right for your children. The aggressive and experienced family law attorneys at The Massachusetts Family Law Group do everything possible to achieve the best possible outcome the first time around, because appeals are rarely won. For a FREE, no-obligation consultation, call (800) 763-1030 or e-mail us.
