{"data":{"id":"us-tx/tex.-family-code-107.0265","jurisdiction":"us-tx","citation":"Tex. Family Code § 107.0265","heading":"POWERS AND DUTIES OF AMICUS ATTORNEY.","body":"(a) Subject to specific limitations given in an order of appointment under Section 107.024, an amicus attorney's primary duty is to:\n(1) review the facts and circumstances of the case; and\n(2) advocate the best interests of a child who is the subject of the suit.\n(b) In performing the duties under Subsection (a), an amicus attorney is not bound by the expressed objectives of a child who is the subject of the suit.\n(c) An amicus attorney appointed to assist the court:\n(1) shall:\n(A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview:\n(i) the child in a developmentally appropriate manner, if the child is four years of age or older;\n(ii) each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and\n(iii) the parties to the suit;\n(B) seek to elicit and assess the child's view in a developmentally appropriate manner;\n(C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court;\n(D) investigate the facts of the case to the extent the attorney considers appropriate;\n(E) obtain and review copies of relevant records relating to the child as provided by Section 107.006;\n(F) participate in the conduct of the litigation to the same extent as an attorney for a party;\n(G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings;\n(H) encourage settlement and the use of alternative forms of dispute resolution;\n(I) review and sign, or decline to sign, a proposed or agreed order affecting the child;\n(J) on the request of any party, disclose the name, address, and phone number of each person interviewed or consulted; and\n(K) on the request of any party, make available documents obtained by the amicus attorney for copying;\n(2) may be required by the court to perform additional tasks, including:\n(A) conducting additional interviews with each child who is the subject of the suit to:\n(i) ensure balanced and impartial representation by the amicus attorney; and\n(ii) observe each child while in the care of each party to the suit;\n(B) interviewing other individuals, including, at the discretion of the amicus attorney, a child who:\n(i) is not less than four years of age; and\n(ii) resides part-time or full-time in a residence where a child who is the subject of the suit resides part-time or full-time;\n(C) visiting the residence of each party seeking conservatorship or possession of or access to a child who is the subject of the suit; or\n(D) reviewing any information the court determines is relevant; and\n(3) is entitled to:\n(A) request clarification from the court if the role of the amicus attorney is ambiguous;\n(B) request a hearing or trial on the merits;\n(C) consent or refuse to consent to an interview of the child by another attorney;\n(D) receive a copy of each pleading or other paper filed with the court;\n(E) receive notice of each hearing in the suit;\n(F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services;\n(G) attend all legal proceedings in the suit; and\n(H) make arguments during legal proceedings, including:\n(i) summarizing evidence; and\n(ii) suggesting reasonable inferences and deductions drawn from the evidence.\n(d) In preparing for and conducting an interview with a child, an amicus attorney shall:\n(1) explain the role of an amicus attorney to the child in a developmentally appropriate manner;\n(2) inform the child in a developmentally appropriate manner that the amicus attorney may use information the child provides in assisting the court; and\n(3) become familiar with the American Bar Association's standards of practice for attorneys who represent children in custody cases.\n(e) The disclosure required by Subsections (c)(1)(J) and (K):\n(1) shall not be construed to require disclosure of an amicus attorney's notes or attorney work product; and\n(2) is subject to supplementation under Rule 193.5, Texas Rules of Civil Procedure.\nAdded by Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 6, eff. September 1, 2025.","path":["FAMILY CODE","TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP","SUBTITLE A. GENERAL PROVISIONS","CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS","SUBCHAPTER B. APPOINTMENTS IN CERTAIN SUITS"],"source_url":"https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm#107.0265","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:10Z","sha256":"2d4cfbcb6c2eb4ae1e3ad21e79555da58829ff74e8678cd63d055adbe99f5a81","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-family-code-107.026","next":"us-tx/tex.-family-code-107.027"},"notice":"GroundRules: Original legal text. Not legal advice."}