Texas Family Code - Section 107.021. Discretionary Appointments
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§ 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, § 1, eff. Sept. 1, 2003.
Amended by Acts 2005, 79th Leg., ch. 172, § 8, eff. Sept. 1,
2005.
Section: 107.011 107.012 107.0125 107.013 107.015 107.016 107.017 107.021 107.022 107.023 107.031 107.051 107.0511 107.052 107.053
Last modified: August 11, 2007
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