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Ad Litem, Best Interest of the Child Representative

What Is an Ad Litem?

When child custody matters become complex, the court sometimes appoints a professional called an ad litem to protect the interests of that child. Although they’re most commonly appointed in cases involving children, ad litems also represent adults who cannot represent themselves due to physical, mental or behavioral health issues.

Ad litems can also be appointed to represent missing or unknown parties who should have representation in a legal matter where they cannot be physically present. If your case involves complex matters—such as allegations of child abuse or neglect—here’s what you should know.

The Types of Ad Litems

There are three different types of ad litems. The ad litem’s duties depend on the type of ad litem and the role they are playing in your case. These include:

  • Attorney ad litems: Attorney ad litems are required to be attorneys.
  • Attorney/guardian ad litem (dual role): This person is appointed to act as both an attorney ad litem and a guardian ad litem.
  • Guardian ad litem: Guardian ad litems do not need to be attorneys, but they often are. Courts appoint them to represent the best interests of the child.
  • Amicus attorney: “Amicus” means “friend of the court”. An amicus attorney is appointed by the court to help the judge make decisions about a child’s best interests. The judge appoints the amicus attorney to help the judge be more effective. The amicus attorney does not provide legal services directly to a child.

What Are an Ad Litem’s Duties?

The Texas Family Code sets forth 27 specific duties of an ad litem. The first duty of an ad litem is to investigate to determine the best interests of the child. This can mean different things, depending on the case.

Your ad litem will likely conduct interviews with each parent. They may also interview relevant parties, including your child’s teacher and therapist.  They may also obtain copies of your child’s relevant medical records, psychological records and school records. If your child is four years old or older, the ad litem will also interview the child in a developmentally appropriate way.

The ad litem will then attend mediation related to the child and may attend relevant hearings and trials. The ad litem can testify to represent the child’s best interests effectively.

To get a full understanding of the role the ad litem is playing in your case, you’ll want to talk with an attorney.

If You Need Help With Child Custody Matters, Call an Attorney.

At the Ft. Worth office of the Schneider Law Firm, P.C., our attorneys can answer your questions about the role of an ad litem and help protect your children no matter what challenges you are experiencing. Call 817-755-1852 to talk with us about your situation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm

2019-2020 Houston Family Law Handbook