Mediation

Mediation is niot always the answer for people going through a divorce.  While mediation may sometimes be helpful, the mediator is NOT a legal advisor to the individuals.  Some mediated agreements are incomplete.  Others may favor one party over the other.  Mediation is a vehicle to settle a dispute - however the settlement can often negatively impact future rights - all parties should have independent legal advice.

WHAT IS A GUARDIAN AD LITEM IN A FAMILY LAW MATTER

In many family law cases, especially those dealing with children, the court will appoint a guardian ad litem or GAL.  The GAL is empowered to investigate the case, speak to the parties, speak to the children and any other witnesses suggested by the parties.  Normally the GAL is either a lawyer familiar with family law and custody matters, or a professional psychologist or social worker.  After the GAL concludes the investigation, he or she issues a written report which is reviewed by the court and the parties.  The cost of the GAL is often split by the parties and the fees can be substantial.   A judge is not required to follow any recommendations made by a GAL, but many do.  Some Judges do not ask the GAL for recomndations.

In any family law matter it is important to have an attorney to help advise you.  In Massachusetts you can have a lawyer handle the entire case, or you can request that the lawyer file a limited appearance for discreet matters related to the case.

CHILD CUSTODY -REMOVAL OF CHILD FROM MASSACHUSETTS

A parent with custody of a child in Massachusetts cannot leave the state without the permission of the other parent, or the permission of the court after a hearing.  Removing a child from the state of Massachusetts to another state disrupts the relationship between the child and the other parent and alters the legal rights of the parties.  There are many valid reasons for removal - however, removal is not a certainty in every case.  It is important to know your rights whether you want to move, or whether you oppose such a move.