Amicus Attorney in Tyler, TX

What is an amicus attorney?

An amicus attorney is a court appointed lawyer who helps investigate the case and recommend an outcome in the best interest of the child.

The amicus attorney does not directly provide legal services to either party, nor the children involved. Rather, the lawyer acts as an unbiased third-party, working toward what’s best for the child.

While the child’s desires are heard and considered, the amicus attorney is under no obligation to advocate for the child’s wishes if those wishes are in conflict with what the attorney believes is best for the child.

You can find the official Texas Family Code definition of an amicus attorney here.

What’s the difference between an Amicus Attorney and an Attorney Ad Litem?

The simple difference is that an Attorney Ad Litem can represent the child or one of the parties involved, whereas the amicus attorney serves the court only. Additionally, no attorney-client privileges exist between the attorney and child or either party in the case.

What does an Amicus Attorney in Texas do?

The amicus attorney will

• Interview all children involved in the case over the age of 4 years old.
• Seek to understand the child’s wishes and take them into consideration, albeit without any obligation to advocate for those wishes.
• Interview all parties involved in the case to determine the best outcome for the child
• Investigate all facts of the case to determine which circumstance will set up the child to thrive
• Review all pertinent records and documents related to the case that may influence the outcome
• Perform litigation as necessary, including engaging in discovery, filing documents, such as pleadings, etc.
• And take other actions to expedite the process, keep the child safe, and encourage a peaceful outcome

Does the Amicus Attorney determine the outcome of the case?

When the amicus attorney has finished a thorough investigation, he or she will create a detailed report recommending a particular arrangement in the best interest of the child. While the judge does not have to heed these recommendations, they often play a significant role in the outcome of the case.