Amicus Attorney
Amicus Attorney
Amicus Attorney in Frisco, Texas (TX)
Our Law Firm Serves Clients in the Following Counties: Collin, Denton, Dallas, Rockwall, Kaufman, Johnson and Cooke.
Amicus Attorney Appointments in Texas
Texas judges can appoint amicus attorneys to provide legal services that will help protect children during family law matters, such as child custody cases. An amicus attorney does not directly provide legal services to a child (the way an attorney you hire for a legal matter would do for you), but rather, serves as the eyes and ears of the court, assisting a judge in deciding what is in the best interest of a child.
Grinke Stewart Law, PLLC not only assists clients who have amicus attorneys appointed on their cases, but our attorneys have also served as amicus attorneys in custody cases. Our firm, therefore, has a deeper understanding of custody cases involving amicus attorneys.
Definition of ‘Amicus Attorney’ Under Texas Law
Texas Family Code § 107.001 defines “amicus attorney” as an attorney who is appointed by a court during a lawsuit to help the court protect a child’s best interests. A judge can appoint an amicus attorney in any family law case that involves children, but usually, the appointment of an amicus attorney occurs during child custody matters. An amicus attorney must have training in child advocacy or have sufficient equivalent experience.
Amicus attorneys cannot be appointed in cases filed by a government entity, and lawyers working for the Office of Attorney General or the Title IV-D agency cannot serve as amicus attorneys.
Amicus Attorney vs. Attorney Ad Litem
An amicus attorney differs from an attorney ad litem in the nature of the legal services he or she provides during a family law case. An attorney ad litem can provide legal services to a child and will owe the child the same duties he or she would owe to an adult client — a duty of confidentiality, a duty of loyalty, and a duty to provide competent representation. The attorney ad litem will advocate on behalf of the child.
In contrast, an amicus attorney does not officially represent any of the parties in a family law case. An amicus attorney is appointed for the benefit of the court as it makes a determination as to the best interests of the child. The legal services an amicus attorney provides are intended to assist the court, rather than to represent the child.
Duties of an Amicus Attorney
To help the court determine what actions are in the best interest of a child, an amicus attorney will perform a thorough investigation in the case. The investigation will involve examination of the home lives of each party to the suit, each party’s relationship to the child, and the parties’ goals for childrearing. An amicus attorney will also consider the expressed desires of the child but does not have to advocate for those desires if the attorney does not believe they would be in the best interest of the child.
An amicus attorney is given access to important information as part of his or her investigation in a custody case. Specifically, an amicus attorney can access medical and school records of the children, conduct home visits, and interview the parents, other family members, neighbors, teachers, doctors, and additional parties with information relevant to the case.
The amicus attorney will also conduct interviews with the child or children involved, provided each interviewed child is at least four years old. If multiple children are involved in the legal matter, an amicus attorney can provide the court with information about each child’s unique needs, the relationships between each child and the parties, and the desires each child has regarding custody or the outcome of the case.
An amicus attorney will attend hearings involved in the case and will often encourage the parties to participate in alternative dispute resolution. He or she can sign an agreement the parties might reach or refuse to sign it if he or she does not believe it serves the child’s best interests.
Amicus Attorney Recommendations
At the end of an amicus attorney’s investigation, he or she will make recommendations to the court. Typically, the attorney will create a report detailing his or her findings and will recommend a certain arrangement as being in the best interest of the child. The amicus attorney will file the report and any other relevant documents or information with the court.
The amicus attorney’s recommendations are frequently a crucial part of a judge’s decision in a custody case. While the judge will not automatically adopt the amicus attorney’s findings and recommendations, the judge will give them due weight in coming to a decision.
Steps to Take if an Amicus Attorney is Appointed in Your Case
It is important that the parties are cooperative and forthcoming with an amicus attorney when one has been appointed to their case. It can be especially helpful if you put together a packet or binder that will help the amicus attorney begin his or her investigation. Failing to understand how to interact with your amicus attorney could be detrimental to your case and to the welfare of your child. As such, you need a private attorney representing you who is experienced in dealing with amicus attorneys.
The attorneys at Grinke Stewart Law, PLLC understand the effects an amicus attorney can have on your case. We will guide you through the process of providing information to the amicus attorney, preparing for a home visit, addressing allegations made against you, and pursing the concerns you have about the opposing party in your custody case.
Contact Grinke Stewart Law for a Case Consultation
Let our experience help you and your children. Call Grinke Stewart Law, PLLC at (469) 598-2001 to discuss your legal matter or click here to schedule a consultation with one of our attorneys.
