Tex. Codes » 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
Texas Codes

Tex. Fam. Code § 107.003 (2026)

Powers And Duties Of Attorney Ad Litem For Child

✓ current as of May 2026
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Sec. 107.003. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR CHILD. (a) An attorney ad litem appointed to represent a child:

(1) shall:

(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:

(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;

(C) consent or refuse to consent to an interview of the child by another attorney;

(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.

(b) In addition to the duties required by Subsection (a), an attorney ad litem appointed for a child in a proceeding under Chapter 262, 263, or 264 shall:

(1) review the medical care provided to the child;

(2) in a developmentally appropriate manner, seek to elicit the child's opinion on the medical care provided;

(3) for a child at least 16 years of age:

(A) advise the child of the child's right to request the court to authorize the child to consent to the child's own medical care under Section 266.010; and

(B) ascertain whether the child has received the following documents:

(i) a certified copy of the child's birth certificate;

(ii) a social security card or a replacement social security card;

(iii) a driver's license or personal identification certificate under Chapter 521, Transportation Code; and

(iv) any other personal document the Department of Family and Protective Services determines appropriate; and

(4) seek to elicit in a developmentally appropriate manner the name of any adult, particularly an adult residing in the child's community, who could be a relative or designated caregiver for the child and immediately provide the names of those individuals to the Department of Family and Protective Services.

Added by Acts 1997, 75th Leg., ch. 1294, Sec. 3, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 2, eff. September 1, 2005.

Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 2, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.033, eff. April 2, 2015.

Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 3, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 937 (S.B. 1758), Sec. 2, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 2, eff. June 14, 2019.

Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 1, eff. September 1, 2021.

Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 2, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 594 (H.B. 2530), Sec. 3, eff. September 1, 2025.

Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 2004–2024 · leading case: in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013).
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in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013). · cites it 12× “The powers and duties of an amicus attorney are specified by Texas Family Code Sections 107.003 and 107.”
O'Connor v. O'Connor, 245 S.W.3d 511 (Tex. App. 2007). · cites it 2× “TEX. FAM.CODE ANN. § 107.003 (Vernon Supp.”
In Re Collins, 242 S.W.3d 837 (Tex. App. 2007). · cites it 3× “Tex. Fam.Code Ann. § 107.003. In addition to these duties, the following responsibilities are imposed upon an amicus attorney: (a) Subject to any specific limitation in the order of appointment, an amicus attorney shall advocate the best interests of the child after reviewing…”
In Re Chu, 134 S.W.3d 459 (Tex. App. 2004). “Laws 5237 , 5237 (repealed 2003) (current version at Tex. FamCode Ann. § 107.003 (Vernon Supp.”
in the Interest of K.M.M. & E.J.G., Child., 326 S.W.3d 714 (Tex. App. 2010). “Tex. Fam.Code Ann. § 107.003(1)(F) (Vernon 2008).”
In the Interest of J.K.F., 345 S.W.3d 706 (Tex. App. 2011). “Tex. Fam.Code Ann. § 107.005(a) (West 2008).”
in the Interest of G.S. & T.S., Minor Child. (Tex. App. 2022). · cites it 5× “See Tex. Fam. Code Ann. §§ 107.003 , 107.005.”
In the Interest of G.L.W., a Child v. the State of Texas (Tex. App. 2024). · cites it 2× “at 847 (citing TEX. FAM. CODE ANN. §§ 107.003; 107.005).”
In Re Faith Ramirez v. the State of Texas (Tex. App. 2024). · cites it 2× “See TEX. FAM. CODE § 107.003, .005. The statutorily-enumerated duties and responsibilities do not require, allow, or authorize an amicus attorney to make educational and medical decisions for the children—children whom they expressly do not provide legal services by statute.”
In Re Kmm, 326 S.W.3d 714 (Tex. App. 2010). “TEX. FAM.CODE ANN. § 107.003(1)(F) (Vernon 2008).”
In Re Jkf, 345 S.W.3d 706 (Tex. App. 2011). “TEX. FAM.CODE ANN. § 107.005(a) (West 2008).”
in Re: E. B. (Tex. App. 2017). “TEX. FAM. CODE ANN. § 107.003(a)(1)(F), (H), (I) (West Supp.”
Show all 30 citing cases →
— Tex. Fam. Code § 107.003(1)(F) — 5 cases
in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013). “The powers and duties of an amicus attorney are specified by Texas Family Code Sections 107.003 and 107.”
in the Interest of K.M.M. & E.J.G., Child., 326 S.W.3d 714 (Tex. App. 2010). “Tex. Fam.Code Ann. § 107.003(1)(F) (Vernon 2008).”
In the Interest of J.K.F., 345 S.W.3d 706 (Tex. App. 2011). “Tex. Fam.Code Ann. § 107.005(a) (West 2008).”
In Re Kmm, 326 S.W.3d 714 (Tex. App. 2010). “TEX. FAM.CODE ANN. § 107.003(1)(F) (Vernon 2008).”
In Re Jkf, 345 S.W.3d 706 (Tex. App. 2011). “TEX. FAM.CODE ANN. § 107.005(a) (West 2008).”
— Tex. Fam. Code § 107.003(1)(G) — 1 case
in Re Kevin Bates (Tex. App. 2013).
— Tex. Fam. Code § 107.003(1)(I) — 1 case
in the Interest of M. E. W., a Child (Tex. App. 2012).
— Tex. Fam. Code § 107.003(2) — 1 case
in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013). “The powers and duties of an amicus attorney are specified by Texas Family Code Sections 107.003 and 107.”
— Tex. Fam. Code § 107.003(a) — 2 cases
in the Interest of T.M.R., a Child (Tex. App. 2021).
In the Interest of G.L.W., a Child v. the State of Texas (Tex. App. 2024). “at 847 (citing TEX. FAM. CODE ANN. §§ 107.003; 107.005).”
— Tex. Fam. Code § 107.003(a)(1) — 2 cases
in the Interest of D.M.O (Tex. App. 2018).
Pamela Kinney v. Charles Patrick Batten (Tex. App. 2023).
— Tex. Fam. Code § 107.003(a)(1)(F) — 2 cases
in Re: E. B. (Tex. App. 2017). “TEX. FAM. CODE ANN. § 107.003(a)(1)(F), (H), (I) (West Supp.”
Charlene Mendez v. Jeremy Delgado (Tex. App. 2019).
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