Tex. Fam. Code § 107.008 · Subchapter A. COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An attorney ad litem appointed to represent a child or an attorney appointed in the dual role may determine that the child cannot meaningfully formulate the child's objectives of representation in a case because the child:
(1) lacks sufficient maturity to understand and form an attorney-client relationship with the attorney;
(2) despite appropriate legal counseling, continues to express objectives of representation that would be seriously injurious to the child; or
(3) for any other reason is incapable of making reasonable judgments and engaging in meaningful communication.
(b) An attorney ad litem or an attorney appointed in the dual role who determines that the child cannot meaningfully formulate the child's expressed objectives of representation may present to the court a position that the attorney determines will serve the best interests of the child.
(c) If a guardian ad litem has been appointed for the child in a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, an attorney ad litem who determines that the child cannot meaningfully formulate the child's expressed objectives of representation:
(1) shall consult with the guardian ad litem and, without being bound by the guardian ad litem's opinion or recommendation, ensure that the guardian ad litem's opinion and basis for any recommendation regarding the best interests of the child are presented to the court; and
(2) may present to the court a position that the attorney determines will serve the best interests of the child.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 6, eff. September 1, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm
- Text hash
- sha256 ebbbf766965930feccbea455f9add888dd009e44dca653f6af84179bb5c23dfa
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.