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 § 107.008 (2026)

Substituted Judgment Of Attorney For Child

✓ laws through the 89th Legislature (2025)
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Sec. 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD. (a) An attorney ad litem appointed to represent a child or an attorney appointed in the dual role may determine that the child cannot meaningfully formulate the child's objectives of representation in a case because the child:

(1) lacks sufficient maturity to understand and form an attorney-client relationship with the attorney;

(2) despite appropriate legal counseling, continues to express objectives of representation that would be seriously injurious to the child; or

(3) for any other reason is incapable of making reasonable judgments and engaging in meaningful communication.

(b) An attorney ad litem or an attorney appointed in the dual role who determines that the child cannot meaningfully formulate the child's expressed objectives of representation may present to the court a position that the attorney determines will serve the best interests of the child.

(c) If a guardian ad litem has been appointed for the child in a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, an attorney ad litem who determines that the child cannot meaningfully formulate the child's expressed objectives of representation:

(1) shall consult with the guardian ad litem and, without being bound by the guardian ad litem's opinion or recommendation, ensure that the guardian ad litem's opinion and basis for any recommendation regarding the best interests of the child are presented to the court; and

(2) may present to the court a position that the attorney determines will serve the best interests of the child.

Added 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. 6, eff. September 1, 2005.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2012–2024 · leading case: in the Interest of S.I.-M.G. & S.B.G.-R., the Child., No. 02-12-00141-CV, 2012 WL 5512372 (Tex. App.—Fort Worth Nov. 15, 2012).
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in the Interest of S.I.-M.G. & S.B.G.-R., the Child., No. 02-12-00141-CV, 2012 WL 5512372 (Tex. App.—Fort Worth Nov. 15, 2012). · cites it 2× “’s ad litem, Texas Family Code section 107.008 states that an attorney ad litem may determine that the child cannot meaningfully formulate the child’s objectives of representation and, in that case, may present to the court a position that the attorney determines will serve the…”
in the Interest of S.I.-M.G. & S.B.G.-R., the Child., No. 02-12-00141-CV (Tex. App.—Fort Worth Nov. 15, 2012). · cites it 2× “’s ad litem, Texas Family Code section 107.008 states that an attorney ad litem may determine that the child cannot meaningfully formulate the child’s objectives of representation and, in that case, may present to the court a position that the attorney determines will serve the…”
In the Interest of A.S.R. AKA A.R., a Child v. the State of Texas, No. 14-24-00444-CV (Tex. App.—Houston [14th Dist.] Nov. 21, 2024). “In that same decree, the trial court appointed the Department as the sole managing conservator and the Mother as the possessory conservator, effectively 1 See Tex. Fam. Code § 107.008(b) (“An attorney ad litem or an attorney appointed in the dual role who determines that the…”
Tex. Fam. Code § 107.008(b): 1 case
In the Interest of A.S.R. AKA A.R., a Child v. the State of Texas, No. 14-24-00444-CV (Tex. App.—Houston [14th Dist.] Nov. 21, 2024). “In that same decree, the trial court appointed the Department as the sole managing conservator and the Mother as the possessory conservator, effectively 1 See Tex. Fam. Code § 107.008(b) (“An attorney ad litem or an attorney appointed in the dual role who determines that the…”
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