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Texas Family Code - Section 107.008. Substituted Judgment Of Attorney For Child

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 107.008. Substituted Judgment Of Attorney For Child

§ 107.008. SUBSTITUTED JUDGMENT OF ATTORNEY FOR 
CHILD.  (a) An attorney ad litem appointed to represent a child or 
an attorney appointed in the dual role may determine that the child 
cannot meaningfully formulate the child's objectives of 
representation in a case because the child:
		(1)  lacks sufficient maturity to understand and form 
an attorney-client relationship with the attorney;
		(2)  despite appropriate legal counseling, continues 
to express objectives of representation that would be seriously 
injurious to the child;  or
		(3)  for any other reason is incapable of making 
reasonable judgments and engaging in meaningful communication.
	(b)  An attorney ad litem or an attorney appointed in the 
dual role who determines that the child cannot meaningfully 
formulate the child's expressed objectives of representation may 
present to the court a position that the attorney determines will 
serve the best interests of the child.
	(c)  If a guardian ad litem has been appointed for the child 
in a suit filed by a governmental entity requesting termination of 
the parent-child relationship or appointment of the entity as 
conservator of the child, an attorney ad litem who determines that 
the child cannot meaningfully formulate the child's expressed 
objectives of representation:
		(1)  shall consult with the guardian ad litem and, 
without being bound by the guardian ad litem's opinion or 
recommendation, ensure that the guardian ad litem's opinion and 
basis for any recommendation regarding the best interests of the 
child are presented to the court;  and
		(2)  may present to the court a position that the 
attorney determines will serve the best interests of the child.

Added by Acts 2003, 78th Leg., ch. 262, § 1, eff. Sept. 1, 2003.  
Amended by Acts 2005, 79th Leg., ch. 172, § 6, eff. Sept. 1, 
2005.

Last modified: August 11, 2007