Special Appointments In Child Custody Cases

In Texas, child custody and visitation are referred as conservatorship and possession & access. While deciding on conservatorship, the court takes into account various variables so as to reach a judgment which is in the best interest of the child. However, there are many situations where the court finds it difficult to reach a decision which is fair to all parties and thus needs outside assistance. The Texas Family Code Chapter 107 provides the courts the power to appoint certain professionals that help the courts in deciding on various issues related to conservatorship and possession & access. Some of these court-ordered special appointments as defined in the Texas Family Code Chapter 107 are briefly discussed below.

Attorney Ad Litem

The court-ordered attorney ad litem is an attorney whose primary role is to provide legal counsel to the child so that the interests of the child are well represented in the court. Due to this process, an attorney-client relationship arises between the attorney ad litem and the child and therefore attorney ad litem must follow all the roles & responsibilities that arise from such relationship.

Amicus Attorney

Different from an attorney ad litem, an amicus attorney doesn't provide legal services to the child but is responsible to assist the court in gathering relevant information that could help the court to reach a decision which is in the best interest of the child. An amicus attorney has the right to interview the child (provided child is of 4 years or above), any other individual who is relevant in deciding conservatorship, examine the facts of the case, have access to certain records related to the child, engage in the litigation process, etc. (Texas Family Code § 107.003 (1)).

Guardian Ad Litem

There are certain individuals who could be appointed as a guardian ad litem: a volunteer advocate; a professional who is not an attorney but has a professional license and associated training which is useful in deciding what is in the best interest of the child; an adult who the court finds to have the relevant competence, training, and expertise to help the court in deciding the best interest of the child; or an attorney ad litem serving in the dual role (Texas Family Code § 107.001 (5)).

Social Studies

When a court orders a social study, the primary motive behind it is to find (a) the nature of relationship between either parent and the child as well as the type of relationship parents share between them, and (b) the living conditions to which the child is exposed to at home. The social worker gathers relevant information from various sources and makes certain recommendations to the court with respect to the type of conservatorship (child custody), possession & access schedules, and primary residence of the child.

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