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 § 107.023 (2026)

Fees, Court Costs, And Expenses In Suits Other Than Suits By Governmental Entity

✓ current as of May 2026
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Sec. 107.023. FEES, COURT COSTS, AND EXPENSES IN SUITS OTHER THAN SUITS BY GOVERNMENTAL ENTITY. (a) In a suit 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, in addition to the attorney's fees that may be awarded under Chapter 106, the following persons are entitled to reasonable and necessary fees, court costs, and expenses in an amount set by the court and ordered to be paid by one or more parties to the suit:

(1) an attorney appointed as an amicus attorney or as an attorney ad litem for the child; and

(2) a professional who holds a relevant professional license and who is appointed as guardian ad litem for the child, other than a volunteer advocate.

(b) The court shall:

(1) determine the fees, costs, and expenses of an amicus attorney, an attorney ad litem, or a guardian ad litem by reference to the reasonable and customary fees for similar services in the county of jurisdiction;

(2) order a reasonable cost deposit to be made at the time the court makes the appointment; and

(3) before the final hearing, order an additional amount to be paid to the credit of a trust account for the use and benefit of the amicus attorney, attorney ad litem, or guardian ad litem.

(c) A court may not award fees, costs, or expenses to an amicus attorney, attorney ad litem, or guardian ad litem against the state, a state agency, or a political subdivision of the state under this part.

(d) The court may determine that fees, costs, and expenses awarded under this subchapter to an amicus attorney, an attorney ad litem for the child, or a guardian ad litem for the child are necessaries for the benefit 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. 10, eff. September 1, 2005.

Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 21, eff. September 1, 2025.

Notes of Decisions
Cited in 17 cases (4 in the last 5 years), 2009–2025 · leading case: Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011).
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Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). · cites it 5× “See Tex. Fam. Code Ann. § 107.023 (d). The parties have not cited and research has not revealed any part of the Family Code in which the Legislature prohibits trial courts from finding that attorney‘s fees are necessaries for the benefit of the children under statutes such as…”
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018). “See Tex. Fam. Code § 107.023(d) ; Tucker , 419 S.”
In Re Villanueva, 292 S.W.3d 236 (Tex. App. 2009). · cites it 2× “Tex. Fam.Code Ann. § 107.023. Section 107.”
in the Interest of D.Z, a Minor Child (Tex. Crim. App. 2018). · cites it 2× “20 Texas Family Code section 156.005 .......”
in the Interest of B.J.W., a Minor Child v. Adam Ottembrajt (Tex. App. 2018). “TEX. FAM. CODE ANN. § 106.002(a) (West 2014).”
in the Interest of D.Z, a Minor Child (Tex. App. 2019). “); see Tex. Fam. Code Ann. § 107.023 (court may award reasonable fees and expenses to appointed amicus attorney as “necessaries for the benefit of the child”).”
in the Interest of D.Z, a Minor Child (Tex. App. 2019). “); see Tex. Fam. Code Ann. § 107.023 (court may award reasonable fees and expenses to appointed amicus attorney as “necessaries for the benefit of the child”).”
in the Interest of M.B.D. II & M.R.D. (Tex. App. 2020). “9 See Tex. Fam. Code Ann. § 107.023 (1). 5 best interest of children involved in a suit.”
in the Interest of G.S. & T.S., Minor Child. (Tex. App. 2022). “Tex. Fam. Code Ann. § 107.023 (a). In determining the fees and expenses of an amicus attorney, the court shall determine the fees and expenses of the amicus attorney by reference to the reasonable and customary fees for similar services in the county of jurisdiction.”
Pamela Kinney v. Charles Patrick Batten (Tex. App. 2023). “See TEX. FAM. CODE § 107.023(d); cf. In re R.”
C.D. v. D.D. (Tex. App. 2024). “Tex. Fam. Code Ann. § 107.021 (b). Section 107.”
McGarvey v. Johnson (Bankr. W.D. Tex. 2025). “TEX. FAM. CODE ANN. § 107.023 (2005). The statute will be amended to include that attorney’s fees and costs must be both reasonable and necessary.”
Show all 17 citing cases →
— Tex. Fam. Code § 107.023(d) — 5 cases
In re Interest of R.H.W., 542 S.W.3d 724 (Tex. App. 2018). “See Tex. Fam. Code § 107.023(d) ; Tucker , 419 S.”
Rosscer Craig Tucker, II v. Lizabeth Thomas, 405 S.W.3d 694 (Tex. App. 2011). “See Tex. Fam. Code Ann. § 107.023 (d). The parties have not cited and research has not revealed any part of the Family Code in which the Legislature prohibits trial courts from finding that attorney‘s fees are necessaries for the benefit of the children under statutes such as…”
in the Interest of D.Z, a Minor Child (Tex. Crim. App. 2018). “20 Texas Family Code section 156.005 .......”
Pamela Kinney v. Charles Patrick Batten (Tex. App. 2023). “See TEX. FAM. CODE § 107.023(d); cf. In re R.”
Rosscer Craig Tucker, II v. Lizabeth Thomas (Tex. App. 2011).
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