Amicus Attorney

What an Amicus Attorney is

In cases where a private (ie, not involving Child Protective Services) litigation is filed seeking conservatorship of a child, the Court could appoint an amicus attorney to help the Court in ascertaining the child’s best interests. An amicus attorney, unlike the attorneys representing the parties, does not have a client. Their job would be to become the arm of the Court, doing much of the legwork to help the Judge know what is ideal for the kid. They’re an advocate for the child’s best interests, not to the child personally.

Duties of an Amicus Attorney

The amicus attorney has a wide variety of duties. An Order Appointing Amicus Attorney should be signed by the Judge in each instance, and the arrangement will specifically outline the lawyer’s duties and responsibilities in the case. It’s important that the parties read and understand the purchase and they ask their particular lawyer any questions about the same.

Conducting interviews

To be able to acquire a full comprehension of the situation, the amicus lawyer will interview the child in a way that best matches their developmental level. They'll also conduct interviews with the parties involved with the case and some other persons they determine to be applicable to contributing information about the child, the parties, and what could be best for your child. This might include teachers, doctors, friends, pastors or Sunday School teachers, or some other person the amicus desires.

Litigating the instance

Though the amicus lawyer doesn't have an attorney-client relationship with the child, they are still very involved in the situation. They are entitled to have notice of all court hearings in the case, to attend and take part in these hearings, to review pleadings, to sign or refuse to sign pleadings, and also to provide consent or refuse consent to any person wanting to interview the child.

Assisting the kid

The amicus attorney will help the child communicate their desires to the Court, if the kid wants the Court to understand their desires, whether the amicus attorney agrees that these desires are in the child's best interests. When it's relevant in the case, the amicus attorney will request such documents.

Obtaining documentation

An amicus lawyer has the right to all documentation from the child's school, pediatrician, law enforcement, Child Protective Services, and any other applicable agency or person. If it is relevant in the case, that the amicus attorney will ask such documents. They may also run a background check on anyone involved in the situation.

Whether or not an amicus attorney is ideal for your case is a question you should explore with your lawyer. Be aware that you cannot simply hire one for the child; instead, such a position is made by the Court.

Contact Us

If you are going through a family legal matter and wonder if an amicus attorney might help your case, please contact us today at (281) 306-6616. We strive to assist our clients in taking whatever steps necessary to put the needs of their children first and foremost and will work with you towards the best possible outcome in your case.