What Are the Costs of Guardian Ad Litem Services?

If you are no longer in a relationship with the parent of your children, you may be contemplating filing a child custody and visitation case – or may already be involved in a family law matter. In cases where the parents simply cannot come to an agreement or where there are other issues at play, the court may appoint a guardian ad litem (GAL). A GAL is an independent professional who investigates and evaluates cases involving child custody and visitation.

The cost of a GAL can vary widely, from a few thousand dollars for a straightforward case to more than $20,000 for a more complicated matter. These costs may be split between the parties or allocated unequally based on factors such as the parties’ ability to pay and if one parent wanted a GAL. While a GAL can be helpful in allowing the parents to come to an agreement, the quality of GALs can vary considerably. If you are involved in a child custody matter, you should consult with a Quincy child custody and visitation lawyer about the benefits and drawbacks of having a GAL involved.

At Infinity Law Group, we know that our clients simply want what is best for their children. We work collaboratively with our clients to put together a comprehensive strategy that is designed to help them resolve their case favorably – which may or may not include the appointment of a guardian ad litem. To learn more or to schedule a free consultation with a Quincy family law attorney, reach out to our law offices today.

What Is a Guardian Ad Litem?

A guardian ad litem (GAL) is an objective person, typically a lawyer or mental health professional, who is sometimes appointed in family law matters. In child custody and visitation cases, a GAL may be assigned to investigate and/or evaluate a child, their family, and their home life. The GAL then shares its findings with a court.

In some cases, the parties in a family court matter may agree that a GAL should be appointed to represent their children. More often, a GAL is appointed by a family court when parents cannot work out a custody and visitation plan between themselves. A GAL may also be appointed when there is some question about the ability of one or both partners to safely parent their child(ren). This may arise in cases involving substance abuse, abuse and neglect, or severe mental illness.

There are two main types of GALs: GAL/investigators and GAL/evaluators. A GAL/investigator, which the court classifies as Category F, is usually a Massachusetts family law attorney with experience in child custody and visitation cases.  They will gather, investigate, and analyze the facts of the case and make a report to the judge, but will not perform a mental health assessment. A GAL evaluator, which the court classifies as Category E, is always a mental health professional who investigates the facts of the case and evaluates the mental health of the child or children.

The most important thing about GALs is that they are neutral. They do not represent either side in a custody or visitation dispute. Instead, they investigate or evaluate and use their own experience to write a report to the judge. If the court requests it, this report will include a recommendation about custody and visitation.

This report is written after the GAL talks to the child, both parents, and other adults who may live in the home. They will visit each home and observe how the child interacts with their parents. The GAL will also talk to other people who know the child and/or parents well, such as teachers, doctors, therapists, and coaches. Finally, they will review any documents that may be relevant to the custody and visitation case.

In addition to submitting a report, a GAL may be called to testify if the case goes to trial. Both the GAL testimony and their report will be considered as evidence in a custody and visitation trial.

Costs of a Guardian Ad Litem

Family law matters – including child custody cases – can be both stressful and expensive for parents. A guardian ad litem is an additional expense that parents may be required to pay. 

While there isn’t a set fee for a GAL, the cost may range from $73,000 to more than $20,000 for more complex cases. This fee is often split by the parents, but if only one parent seeks the appointment of a GAL and the other parent objects, then the fees may be allocated unevenly between the parents. Some people may qualify to have the GAL’s costs paid by the Commonwealth if they are indigent as defined by Massachusetts law.

There are advantages and disadvantages to having a GAL. In some cases, the parents aren’t able to agree because their thinking may be clouded by anger at their former partner. A GAL can help to identify the important issues in the case and help parents figure out a good custody and visitation plan. This may allow you to reach a settlement and avoid the time and costs associated with going to trial.

If the case goes to trial, the GAL’s report and testimony will often be given substantial weight by the judge. This can be a good thing if you believe that the GAL did a good job – but GALs don’t always understand all of the dynamics of a relationship and may not always make the best recommendation. For example, if your ex was abusive, they may still be able to charm the GAL – leading to a report that doesn’t address the domestic violence issues present in your case.

In addition to being expensive, the GAL process can be draining and feel intrusive. For example, the GAL may require you to undergo psychological testing or give them access to your medical records. If a parent is uncooperative with the GAL, that may be a factor that the judge considers when deciding how to allocate costs.

The cost of a GAL is an important financial consideration in any child custody and visitation case. Keep in mind that a court may be able to order the appointment of a GAL even over one or both parents’ objections. If a GAL is appointed in your custody case, it is critical that you have an experienced Quincy family law attorney to advocate for your best interests. Not only can your lawyer request that the GAL fees be allocated fairly, but they can also ensure that your side of the story is represented in court.

How Our Law Firm Can Help

A guardian ad litem can help resolve child custody and visitation issues – but they can also be detrimental to your case. A GAL can also be costly, which adds to the financial considerations already at play in a family law case. Our experienced Quincy child custody lawyers can help you decide on what is best in your case and will fight for you throughout the legal process.

Infinity Law Group represents clients in the greater Boston area in all types of family law matters, including divorce, child custody, child support, and visitation.  We know that our clients simply want what is best for their children and will work to help them achieve that goal. To learn more or to schedule a free consultation with a Quincy child custody attorney, call us at 617-250-8236 or fill out our online contact form.