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Texas Family Code - FAM § 107.023. Fees, Court Costs, and Expenses in Suits Other than Suits by Governmental Entity

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In a suit other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, in addition to the attorney's fees that may be awarded under Chapter 106, the following persons are entitled to reasonable and necessary fees, court costs, and expenses in an amount set by the court and ordered to be paid by one or more parties to the suit:

(1) an attorney appointed as an amicus attorney or as an attorney ad litem for the child;  and

(2) a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate.

(b) The court shall:

(1) determine the fees, costs, and expenses of an amicus attorney, an attorney ad litem, or a guardian ad litem by reference to the reasonable and customary fees for similar services in the county of jurisdiction;

(2) order a reasonable cost deposit to be made at the time the court makes the appointment;  and

(3) before the final hearing, order an additional amount to be paid to the credit of a trust account for the use and benefit of the amicus attorney, attorney ad litem, or guardian ad litem.

(c) A court may not award fees, costs, or expenses to an amicus attorney, attorney ad litem, or guardian ad litem against the state, a state agency, or a political subdivision of the state under this part.

(d) The court may determine that fees, costs, and expenses awarded under this subchapter to an amicus attorney, an attorney ad litem for the child, or a guardian ad litem for the child are necessaries for the benefit of the child.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 107.023. Fees, Court Costs, and Expenses in Suits Other than Suits by Governmental Entity - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-107-023/

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