Tex. Fam. Code § 107.0265 · Part 2. APPOINTMENTS IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY
POWERS AND DUTIES OF AMICUS ATTORNEY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to specific limitations given in an order of appointment under Section 107.024, an amicus attorney's primary duty is to:
(1) review the facts and circumstances of the case; and
(2) advocate the best interests of a child who is the subject of the suit.
(b) In performing the duties under Subsection (a), an amicus attorney is not bound by the expressed objectives of a child who is the subject of the suit.
(c) An amicus attorney appointed to assist the court:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview:
(i) the child in a developmentally appropriate manner, if the child is four years of age or older;
(ii) each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and
(iii) the parties to the suit;
(B) seek to elicit and assess the child's view in a developmentally appropriate manner;
(C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court;
(D) investigate the facts of the case to the extent the attorney considers appropriate;
(E) obtain and review copies of relevant records relating to the child as provided by Section 107.006;
(F) participate in the conduct of the litigation to the same extent as an attorney for a party;
(G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings;
(H) encourage settlement and the use of alternative forms of dispute resolution;
(I) review and sign, or decline to sign, a proposed or agreed order affecting the child;
(J) on the request of any party, disclose the name, address, and phone number of each person interviewed or consulted; and
(K) on the request of any party, make available documents obtained by the amicus attorney for copying;
(2) may be required by the court to perform additional tasks, including:
(A) conducting additional interviews with each child who is the subject of the suit to:
(i) ensure balanced and impartial representation by the amicus attorney; and
(ii) observe each child while in the care of each party to the suit;
(B) interviewing other individuals, including, at the discretion of the amicus attorney, a child who:
(i) is not less than four years of age; and
(ii) resides part-time or full-time in a residence where a child who is the subject of the suit resides part-time or full-time;
(C) visiting the residence of each party seeking conservatorship or possession of or access to a child who is the subject of the suit; or
(D) reviewing any information the court determines is relevant; and
(3) is entitled to:
(A) request clarification from the court if the role of the amicus attorney is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview of the child by another attorney;
(D) receive a copy of each pleading or other paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services;
(G) attend all legal proceedings in the suit; and
(H) make arguments during legal proceedings, including:
(i) summarizing evidence; and
(ii) suggesting reasonable inferences and deductions drawn from the evidence.
(d) In preparing for and conducting an interview with a child, an amicus attorney shall:
(1) explain the role of an amicus attorney to the child in a developmentally appropriate manner;
(2) inform the child in a developmentally appropriate manner that the amicus attorney may use information the child provides in assisting the court; and
(3) become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases.
(e) The disclosure required by Subsections (c)(1)(J) and (K):
(1) shall not be construed to require disclosure of an amicus attorney's notes or attorney work product; and
(2) is subject to supplementation under Rule 193.5, Texas Rules of Civil Procedure.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025.
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 f94f1b63e0c2ba4533d6fb3bc6d3b5ca541c6a0340f46d9c623d8a370d8c3d5c
- 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
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