How does the Court decide the issues of custody and visitation?
Deciding issues of custody and visitation are among the most difficult tasks facing judges in the Probate and Family Court. Frequently, at the request of a party, the Court will appoint a Guardian ad Litem to conduct an investigation on issues of custody and visitation arrangements. Guardians ad Litem are professionals approved by the Court and are usually licensed social workers, psychotherapists, or attorneys. The role of the Guardian ad Litem is to conduct an investigation by interviewing the parties and the children (if they are old enough), and other collateral sources, such as pediatricians and teachers, and making a recommendation to the Court as to their view of the best interest of the child. Judges also take into consideration evidence presented by the parties, which may be challenged by the opposing party.
