Massachusetts General Laws

Mass. Gen. Laws ch. 215, § 56A (2026)

Investigations

✓ current as of July 2026

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Section 56A. Any judge of a probate court may appoint a guardian ad litem to investigate the facts of any proceeding pending in said court relating to or involving questions as to the care, custody or maintenance of minor children and as to any matter involving domestic relations except those for the investigation of which provision is made by section sixteen of chapter two hundred and eight. Said guardian ad litem shall, before final judgment or decree in such proceeding, report in writing to the court the results of the investigation, and such report shall be open to inspection to all the parties in such proceeding or their attorneys. The compensation shall be fixed by the court and shall be paid by the commonwealth, together with any expense approved by the court, upon certificate by the judge to the state treasurer. The state police, local police and probation officers shall assist the guardian ad litem so appointed, upon his request.

Notes of Decisions

Cited in 37 cases (2 in the last 5 years), 1965–2023 · leading case: Gilmore v. Gilmore, 341 N.E.2d 655 (Mass. 1976).

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Gilmore v. Gilmore, 341 N.E.2d 655 (Mass. 1976). · cites it 4× “Sandra contends on this appeal that this custody award to Jerold should be set aside since she was not permitted to cross-examine the guardian ad litem who conducted an investigation and filed a report, pursuant to G. L. c. 215, § 56A, relating to the father’s right to…”

Yannas v. Frondistou-Yannas, 481 N.E.2d 1153 (Mass. 1985). · cites it 2× “Other objections of the husband may be disposed of briefly, (a) The judge did not err in admitting in evidence the report of the guardian ad litem he appointed under G. L. c. 215, § 56A, to make a report concerning the care and custody of the minor children.”

Bower v. Bournay-Bower, 15 N.E.3d 745 (Mass. 2014). · cites it 2× “Similarly, G. L. c. 215, § 56A, authorizes the appointment of a guardian ad litem in any proceeding pending in probate court.”

Adoption of Paula, 651 N.E.2d 1222 (Mass. 1995). “The admissibility of the report and testimony of a guardian ad litem appointed by a judge of a Probate and Family Court in connec *725 tian with an adoption case, pursuant to G. L. c. 215, § 56A (1992 ed.), is governed by the same principle.”

Felton v. Felton, 418 N.E.2d 606 (Mass. 1981). “259, 264-265 (1965); G. L. c. 215, § 56A. 12 Some two years will have elapsed between the judgment appealed from and the coming down of this opinion.”

Dep't of Pub. Welfare v. J. K. B., 393 N.E.2d 406 (Mass. 1979). “Prior to that date, each county had responsibility for most costs arising from the operation of its Probate Court, including payment of appointed guardians ad litem (see G. L. c. 215, § 56A, prior to the 1978 amendment, St.”

B.B.V. v. B.S.V., 859 N.E.2d 448 (Mass. App. Ct. 2006). · cites it 2× “See G. L. c. 215, § 56A. The judge also ordered the children to undergo behavioral and psychological evaluation by an expert in child sexual abuse.”

Pizzino v. Miller, 858 N.E.2d 1112 (Mass. App. Ct. 2006). “If a real advantage to the mother is demonstrated, that must be a factor in deciding whether the contemplated move is consistent with the welfare of the children.”

Hale v. Hale, 429 N.E.2d 340 (Mass. App. Ct. 1981). “See G. L. c. 215, § 56A; Felton v. Felton, 383 Mass.”

Abbott v. Virusso, 862 N.E.2d 52 (Mass. App. Ct. 2007). “Since the Dumain case was decided, the Legislature enacted G. L. c. 215, § 56A, St. 1923, c. 432, authorizing the court to appoint a GAL who, in the context of investigating a child’s best interest, may interview the child.”

Duro v. Duro, 467 N.E.2d 165 (Mass. 1984). “Other statutory provisions governing the use of investigators in proceedings relating to the welfare of children likewise require a written report open to the scrutiny of the parents.”

Delmolino v. Nance, 437 N.E.2d 578 (Mass. App. Ct. 1982). · cites it 2× “*212 It is apparent from an examination of the judge’s memorandum that he relied, to a great extent, on the report of a guardian ad litem, appointed under G. L. c. 215, § 56A. 5 The appointment directed the guardian ad litem to report the facts and to make a “custodial…”

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