Amicus Attorney - Matthew P. McChesney, PLLC

An amicus attorney is an attorney appointed to assist the court in protecting the child's best interest by providing legal services to the court rather than directly to the child. Texas Family Code §107.001(1) If the court appoints an amicus attorney, it cannot also appoint an attorney ad litem or a guardian ad litem, distinct roles I will discuss elsewhere in these pages.

An amicus attorney assists the court in a variety of ways and can be a tool to "get to the bottom of things" in high conflict cases and in cases where a court cannot be certain that one or both parents adequately represents the best interests of the child. Over the years I've seen judges employ amicus attorneys to good use in understanding the dynamics of parental alienation and in private suits for termination of parental rights.

The so-called "friend" attorney of the court is not only additional eyes and ears for a court, particularly in counties that do not have staff domestic relations offices, these friends of the court can also work with the parties to mitigate conflict outside of the courthouse by identifying issues and making neutral recommendations to try to resolve.

The legislature describes the responsibilities of the amicus attorney in part as follows, excerpted from §107.003

The amicus attorney shall:

Within a reasonable time after the appointment, interview:

(i) the child in a developmentally appropriate manner, if the child is four years of age or older;

(ii) each person who has significant knowledge of the child's history and condition, including any foster parent of the child; and

(iii) the parties to the suit;

(B) seek to elicit in a developmentally appropriate manner the child's expressed objectives of representation;

(C) consider the impact on the child in formulating the attorney's presentation of the child's expressed objectives of representation to the court;

(D) investigate the facts of the case to the extent the attorney considers appropriate;

(E) obtain and review copies of relevant records relating to the child as provided by Section 107.006;

(F) participate in the conduct of the litigation to the same extent as an attorney for a party;

(G) take any action consistent with the child's interests that the attorney considers necessary to expedite the proceedings;

(H) encourage settlement and the use of alternative forms of dispute resolution; and

(I) review and sign, or decline to sign, a proposed or agreed order affecting the child;

(2) must be trained in child advocacy or have experience determined by the court to be equivalent to that training; and

(3) is entitled to:

(A) request clarification from the court if the role of the attorney is ambiguous;

(B) request a hearing or trial on the merits;

(D) receive a copy of each pleading or other paper filed with the court;

(E) receive notice of each hearing in the suit;

(F) participate in any case staffing concerning the child conducted by the Department of Family and Protective Services; and

(G) attend all legal proceedings in the suit.

Mr. McChesney has worked in the area of child welfare law since the beginning of his law practice. He has training in child advocacy and experience in private suits affecting the parent child relationship, including private terminations, and experience in cases brought by the Department of Family and Protective Services.