Our firm takes appointments for both Amicus Attorney and Ad Litem Attorney roles in adoption, custody, and child protective services cases. Please feel free to contact us if you would like us to serve in either role in your private case.
An amicus attorney is an attorney appointed by the court in family law case to be the eyes and ears of the court, and conduct a private investigation to determine what is in the child's best interest. An amicus attorney cannot be appointed in a suit filed by CPS or any other governmental entity. An amicus attorney investigation duties can include: interviewing the child in an appropriate manner depending on the child's age, interview the individuals involved in the case, obtain and review all relevant records, including but not limited to school and medical records. After the amicus attorney completes their investigation, then they will provide their recommendations to the court.
Ad Litem Attorney
An ad litem attorney is an attorney that provides legal services to a person, including a child. An ad litem attorney owes the person they represent a duty of confidentiality, loyalty, and competent representation. An ad litem attorney's duties can include: obtaining copies of all court documents, participating in all hearings, depositions, negotiations, discovery, and pretrial conferences, counseling the child about their rights, the court proceeding, and what to expect in the legal process, identifying family and professional resources that will be appropriate for the child, and etc. Although an ad litem attorney will inform a court of a child's wishes, an ad litem ultimately make a recommendation to the court that is in the best interest of the child.
An attorney who acts in a dual role means that the attorney is appointed to act as both the ad litem attorney and the guardian ad litem attorney. A dual role is mostly used in cases filed by CPS or another governmental entity. A guardian ad litem is a person appointed to represent the child's interest, but a guardian ad litem is not bound by the chid's expressed preferences.
Who appoints an amicus attorney or ad litem attorney?
A court usually appoints an amicus attorney or ad litem attorney, but some courts will allow the parties to decided on who they would like to be appointed.
Who pays an Amicus Attorney?
An amicus attorney is only used in private cases, so the parties in the case usually equally split the cost unless the parties reach a different agreement. The Texas Family Code does not allow the county to pay for amicus attorney fees in a private case.
How much are amicus attorney or ad litem attorney fees?
The court will determine the fees to be paid to the amicus or ad litem attorney in the court order. Fees can range from $800 to $8000 depending on the issues involved in the case.
How long will the amicus or ad litem attorney's investigation take?
It depends on the complexity of the case and whether the case is contested. There is not a hard or fast rule on when an amicus or ad litem attorney's investigation should be completed by.
Contact us by email or call us at 832-844-1677 if you are interested in us being
appointed as an amicus or attorney ad litem in your case.
Main Office Location
6300 West Loop South, Suite 610
Bellaire, Texas 77401
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About Law Office of A. Green
Law Office of A. Green is dedicated to proudly serving clients in Harris, Brazoria, Chambers, Fort Bend, Galveston, Matagorda, and Montgomery in the practice of family law, divorce, child custody, and child support cases.