Sec. 107.021. DISCRETIONARY APPOINTMENTS. (a) In a suit in which the best interests of a child are at issue, other than a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, the court may appoint one of the following:
(1) an amicus attorney;
(2) an attorney ad litem; or
(3) a guardian ad litem.
(a-1) In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity, the court shall, unless the court finds that the interests of the child will be represented adequately by a party to the suit whose interests are not in conflict with the child's interests, appoint one of the following:
(1) an amicus attorney; or
(2) an attorney ad litem.
(b) In determining whether to make an appointment under this section, the court:
(1) shall:
(A) give due consideration to the ability of the parties to pay reasonable fees to the appointee; and
(B) balance the child's interests against the cost to the parties that would result from an appointment by taking into consideration the cost of available alternatives for resolving issues without making an appointment;
(2) may make an appointment only if the court finds that the appointment is necessary to ensure the determination of the best interests of the child, unless the appointment is otherwise required by this code; and
(3) may not require a person appointed under this section to serve without reasonable compensation for the services rendered by the person.
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. 8, eff. September 1, 2005.
Notes of Decisions
Cited in
76
cases (
28 in the last 5 years), 2005–2026 · leading case:
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
· cites it 8× “Tex. FaM.Code Ann. § 107.021 (Vernon 2008).”
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018).
· cites it 2× “See Tex. Fam. Code § 107.021 ; In re Scheller , 325 S.”
in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013).
· cites it 4× “Under the authority granted to the court by Texas Family Code Section 107.021, the trial court appointed James Wendell Litzler as amicus attorney in this case.”
In the Interest of Baby Boy R., 191 S.W.3d 916 (Tex. App. 2006).
“Laws 1173 , 1181-82 (current version at Tex. Fam.Code Ann. § 107.021(a) (Vernon Supp.”
In Re Scheller, 325 S.W.3d 640 (Tex. 2010).
“” Tex. Fam.Code § 107.021(a)(3), (b)(2). Psychologists are one class of professionals qualified under the Family Code to serve as a guardians ad litem.”
In re C.L.S., 403 S.W.3d 15 (Tex. App. 2012).
“]” Tex. Family Code Ann. § 107.021 (a-l). The Code defines "amicus attorney” to mean "an attorney appointed by the court in a suit, other than a suit filed by a governmental entity, whose role is to provide legal services necessary to assist the court in protecting a child’s…”
In Re Collins, 242 S.W.3d 837 (Tex. App. 2007).
· cites it 2× “[ 16 ] Tex. Fam.Code Ann. § 107.021(emphasis added).”
In Re Bradshaw, 273 S.W.3d 851 (Tex. App. 2008).
“See Tex. Fam.Code Ann. § 107.021(a)(1) (Vernon Supp.”
in the Interest of T.M.R., a Child (Tex. App. 2021).
· cites it 6× “contends the trial court committed reversible error by failing to appoint an amicus attorney or attorney ad litem under Texas Family Code § 107.021. That statute states: In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity,…”
— Tex. Fam. Code § 107.021(A)(1) — 1 case
— Tex. Fam. Code § 107.021(a) — 17 cases
In the Interest of Baby Boy R., 191 S.W.3d 916 (Tex. App. 2006).
“Laws 1173 , 1181-82 (current version at Tex. Fam.Code Ann. § 107.021(a) (Vernon Supp.”
in the Interest of S.A.G., a Child, 403 S.W.3d 907 (Tex. App. 2013).
“Under the authority granted to the court by Texas Family Code Section 107.021, the trial court appointed James Wendell Litzler as amicus attorney in this case.”
In Re Collins, 242 S.W.3d 837 (Tex. App. 2007).
“[ 16 ] Tex. Fam.Code Ann. § 107.021(emphasis added).”
— Tex. Fam. Code § 107.021(a)(1) — 1 case
In Re Bradshaw, 273 S.W.3d 851 (Tex. App. 2008).
“See Tex. Fam.Code Ann. § 107.021(a)(1) (Vernon Supp.”
— Tex. Fam. Code § 107.021(a)(2) — 1 case
— Tex. Fam. Code § 107.021(a)(3) — 2 cases
In Re Scheller, 325 S.W.3d 640 (Tex. 2010).
“” Tex. Fam.Code § 107.021(a)(3), (b)(2). Psychologists are one class of professionals qualified under the Family Code to serve as a guardians ad litem.”
— Tex. Fam. Code § 107.021(b)(1) — 2 cases
in the Interest of T.M.R., a Child (Tex. App. 2021).
“contends the trial court committed reversible error by failing to appoint an amicus attorney or attorney ad litem under Texas Family Code § 107.021. That statute states: In a suit requesting termination of the parent-child relationship that is not filed by a governmental entity,…”
— Tex. Fam. Code § 107.021(b)(1)(A) — 1 case
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“Tex. FaM.Code Ann. § 107.021 (Vernon 2008).”
— Tex. Fam. Code § 107.021(b)(1)(B) — 1 case
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“Tex. FaM.Code Ann. § 107.021 (Vernon 2008).”
— Tex. Fam. Code § 107.021(b)(2) — 3 cases
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“Tex. FaM.Code Ann. § 107.021 (Vernon 2008).”
— Tex. Fam. Code § 107.021(b)(3) — 1 case
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009).
“Tex. FaM.Code Ann. § 107.021 (Vernon 2008).”
— Tex. Fam. Code § 107.021(b)(l) — 1 case
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