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Texas Family Code - FAM § 107.024. Appointment of Amicus Attorney

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

(a) The court, after notice and hearing or on agreement of the parties, may appoint an amicus attorney in a suit.

(b) In determining whether to make an appointment under this section, the court:

(1) shall:

(A) give due consideration to the ability of the parties to pay reasonable fees to the amicus attorney;  and

(B) balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment;

(2) may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code;  and

(3) may not require an amicus attorney appointed under this section to serve without reasonable compensation for the services rendered by the amicus attorney.

(c) An amicus attorney appointed under this section must be qualified under Section 107.0245 or 107.025.

(d) An order appointing an amicus attorney under this section must include:

(1) the name, bar number, address, telephone number, and e-mail address of the appointed amicus attorney;

(2) the scope of the amicus attorney's role;

(3) a list of the duties of an amicus attorney, including duties under Section 107.0265(c)(1);

(4) any other specific tasks requested by the court;  and

(5) specific provisions for payment of the amicus attorney, including a retainer or cost deposit.

(e) If a party to or child subject to a suit does not speak English as the party's or child's primary language, the court shall ensure that the amicus attorney:

(1) is able to effectively communicate in the party's or child's primary language;  or

(2) will be assisted by a licensed or certified interpreter.

(f) A licensed or certified interpreter assisting an amicus attorney under Subsection (e)(2) may accompany the amicus attorney in person or assist through use of audio or video conferencing technology.

(g) The court may require the parties to pay any costs associated with obtaining assistance from a licensed or certified interpreter under Subsection (e)(2).

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Cite this article: FindLaw.com - Texas Family Code - FAM § 107.024. Appointment of Amicus Attorney - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-107-024/

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