Texas Codes

Tex. Fam. Code § 107.0125 (2026)

Appointment Of Attorney In Dual Role

✓ laws through the 89th Legislature (2025)
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Sec. 107.0125. APPOINTMENT OF ATTORNEY IN DUAL ROLE. (a) In order to comply with the mandatory appointment of a guardian ad litem under Section 107.011 and the mandatory appointment of an attorney ad litem under Section 107.012, the court may appoint an attorney to serve in the dual role.

(b) If the court appoints an attorney to serve in the dual role under this section, the court may at any time during the pendency of the suit appoint another person to serve as guardian ad litem for the child and restrict the attorney to acting as an attorney ad litem for the child.

(c) An attorney appointed to serve in the dual role may request the court to appoint another person to serve as guardian ad litem for the child. If the court grants the attorney's request, the attorney shall serve only as the attorney ad litem for the child.

(d) Unless the court appoints another person as guardian ad litem in a suit filed by a governmental entity, an appointment of an attorney to serve as an attorney ad litem in a suit filed by a governmental entity is an appointment to serve in the dual role regardless of the terminology used in the appointing order.

Added by Acts 2003, 78th Leg., ch. 262, Sec. 1, eff. Sept. 1, 2003.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2006–2026 · leading case: In the Interest of P.W., a Child v. the State of Texas, No. 02-25-00579-CV (Tex. App.—Fort Worth Feb. 26, 2026).
In the Interest of P.W., a Child v. the State of Texas, No. 02-25-00579-CV (Tex. App.—Fort Worth Feb. 26, 2026). “as both attorney ad litem and guardian ad litem, see Tex. Fam. Code Ann. § 107.0125 , but Mother had a separately appointed attorney in each role.”
Judy Howze v. William Howze, No. 03-03-00166-CV (Tex. App.—Austin May 18, 2006). “Tex. Fam. Code Ann. § 107.0125 (West Supp.”
Judy Howze v. William Howze, No. 03-03-00166-CV (Tex. App.—Austin May 18, 2006). “Tex. Fam. Code Ann. § 107.0125 (West Supp.”
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