In some child custody disputes, the court may appoint an amicus attorney, to help the court decide what is in the best interests of the child.
Who does the Amicus attorney represent?
The amicus attorney is appointed by the Court to represent the child. It is the Job of the amicus attorney to make recommendations to the court regarding what kind of custody arrangement would be best in the best interest of the child.
What does Amicus Mean?
“Amicus” literally means “friend to the court.” The amicus attorney does not represent either side, nor does he represent the child directly. The amicus attorney’s only concern is the child’s best interest.
Who pays for the Amicus Attorney?
Generally, both sides split the amicus attorney’s fees. However, this not always the case and is something the Judge will decide.
What Does an Amicus Attorney Do?
Some things you can expect include:
- Talking to the children and the parents
- Home visits
- Interviews with third parties, such as doctors or friends
- Attending court hearings or mediation
- Possibly sending out discovery
By doing these things, the amicus attorney is trying to gather enough information to make a recommendation to the court.
Are Amicus Attorneys Always Appointed?
Amicus attorneys are only appointed in cases where the court feels it needs assistance in protecting the best interest of the child. Like social studies and psychological evaluations, amicus attorneys are usually only appointed in more contentious cases.
Many couples find that it’s better for the entire family to try and agree to a custody arrangement without entering into a courtroom battle. Courts will usually adopt the custody arrangement agreed to by the parents, as long as that arrangement is in the best interests of the child. However, there are some situations where a legal custody battle cannot be avoided. In those cases, the court might decide that appointing an amicus attorney is the best way to protect the child’s interest.
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Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.