When navigating a divorce, child custody, or modification case in Texas, the court’s primary concern is the best interest of the child. In some situations—especially when deeper insight into family dynamics is needed—the judge may appoint an amicus attorney in Texas to evaluate the case and provide objective guidance to the court.
But what is an amicus attorney, and what role do they play in your Texas family law case?
Understanding the Role of an Amicus Attorney in Texas
An amicus attorney is a lawyer appointed by the court—not to represent the child or either parent—but to assist the court in making decisions that serve the child’s best interests. This role is different from an attorney ad litem or a guardian ad litem. The amicus attorney acts as the court’s eyes and ears, gathering information through interviews, document review, and observation.
Although an amicus may take the child’s wishes into account, their duty is not to advocate for what the child wants—especially if those desires may not align with what the attorney believes is in the child’s best interest.
- Key Point: The amicus attorney does not form an attorney-client relationship with either the child or the parents. Their job is to provide the court with an objective evaluation.
Duties of an Amicus Attorney in Texas
Under the Texas Family Code, the amicus attorney has several important responsibilities, including:
- Interviewing the child (if age 4 or older) in a developmentally appropriate way
- Interviewing both parents and any individuals with significant knowledge of the child
- Reviewing school, medical, and mental health records
- Investigating the facts of the case and attending court hearings
- Encouraging alternative dispute resolution where appropriate
- Signing or declining to sign proposed court orders
- Taking necessary actions to expedite the case
Powers of an Amicus Attorney
An amicus attorney in Texas family court has broad authority to:
- Request clarification from the court regarding their role
- Request hearings or trials on the merits of the case
- Consent to or deny other attorneys’ interviews with the child
- Participate in case staffing meetings with agencies
- Receive all court filings and attend every legal proceeding
The Amicus Attorney and the Best Interest of the Child
The amicus attorney is required to prioritize the best interest of the child, even if it conflicts with the child’s expressed wishes. In a developmentally appropriate way, the amicus should:
- Explain their role to the child
- Share the child’s desires with the court (with the child’s permission)
- Inform the child that their statements may be shared with the court
- Follow best practices outlined by the American Bar Association for attorneys representing children in custody cases
Preparing for a Meeting with the Amicus Attorney
If you’re involved in a Texas custody or divorce case and an amicus attorney has been appointed, preparation is key. Here’s what to keep in mind:
Helpful Tips:
- Be honest, respectful, and child-focused in all your interactions.
- Nothing you say is confidential—but you may request discretion.
- Bring relevant documentation, including:
- A timeline of key events
- Copies of court pleadings, school records, and medical records
- A brief biography of your child’s likes, hobbies, routine, and special needs
- A list of potential references (review them carefully before submitting)
- Family photos, if requested
Expect to:
- Undergo a background check
- Complete a detailed questionnaire
- Sign releases for school and medical records
- Possibly be referred for counseling, evaluations, or co-parenting support
Do’s and Don’ts for Dealing with the Amicus Attorney
✅ Do:
- Speak positively about the other parent (find at least three good qualities)
- Emphasize your commitment to co-parenting
- Keep all appointments and be responsive
- Stay focused on what’s best for your child
❌ Don’t:
- Bash the other parent or appear hostile
- Overload the amicus with minor complaints (e.g., late clothing returns or snacks)
- Lie or try to manipulate the process—honesty is key
- Try to control or overwhelm the amicus attorney with excessive contact
- Pro Tip: The best way to advocate for yourself is to show you can prioritize your child’s needs over personal conflicts.
Final Thoughts
An amicus attorney plays a critical role in helping the court understand your child’s environment and needs. Their goal is to ensure any custody or parenting decision supports your child’s well-being. Being cooperative, prepared, and child-focused can go a long way in supporting your case.
If you’re dealing with a complex custody dispute or divorce involving an amicus attorney, our experienced legal team at Denis Law Group is here to help. We represent clients throughout Central Texas, including Bexar County, Comal County, Guadalupe County, and Travis County.
Contact us today to schedule a consultation and discuss how to protect your rights and your child’s future.