What is a GAL, and what are my rights?

What a GAL is

A guardian ad litem (GAL) is a person the court appoints to investigate and report on issues in your case — most often custody and parenting time. In Massachusetts they are usually attorneys or mental health professionals. A GAL is not your lawyer and is not the child's lawyer. Their job is to gather information and give the judge a recommendation or a set of findings.

Massachusetts distinguishes between a GAL appointed as an investigator (who gathers facts and files a report) and a GAL appointed as a next friend or evaluator. Read your appointment order carefully — it defines the scope of what the GAL is allowed to look into.

How they get appointed and paid

A judge can appoint a GAL on their own initiative or at the request of either party. Cost is typically split between the parties or assigned by the court; in some cases an indigent party's GAL is paid through the state.

Ask about cost up front. GAL fees are one of the largest single line items families report in a contested custody case, and the court order should say who pays what.

What you can and cannot control

You generally cannot refuse to participate in a GAL investigation without consequences. You can, however, be organized about it.

• Read the appointment order and know the scope. A GAL is not entitled to investigate outside it.
• Give the GAL documents, not speeches. Dates, orders, texts, school and medical records.
• Give a short, verifiable list of collateral contacts — teachers, coaches, doctors — not twenty friends.
• Keep every communication in writing when you can, and keep copies.
• Assume everything you say and write will be quoted in the report.

When the report comes back

GAL reports in Massachusetts are impounded — they are not public. You typically review the report under conditions set by the court, and copying or sharing it can be a serious violation. Ask your attorney or the clerk exactly what the impoundment order permits.

If you disagree with the report, the remedy is procedural, not emotional. You can move to strike portions, request the GAL's file and notes, cross-examine the GAL at trial, and in some cases retain your own expert. Judges are not required to adopt a GAL's recommendation, but a report that goes unchallenged usually stands.

If you believe a GAL acted improperly

Complaints depend on the GAL's professional license. An attorney GAL falls under the Board of Bar Overseers; a psychologist or social worker falls under their licensing board. Concerns about how the case is being handled by the judge are a separate track — see our guide on filing a complaint about a judge.