Under Chapter 107 of the Texas Family Code, special appointments are the court orders that put an independent representative in place for a child during a custody, conservatorship, or parental-rights case. The statute recognizes three distinct roles: an attorney ad litem (the child’s own lawyer), a guardian ad litem (a best-interests investigator who need not be a lawyer), and an amicus attorney (a lawyer who assists the court rather than the child). The differences between them decide whose wishes get advocated, what stays confidential, and who writes the check.
When the Court Must Appoint Someone, and When It May
If the Department of Family and Protective Services or another governmental entity files suit asking to terminate parental rights or to be named the child’s conservator, appointment is mandatory. The court must appoint both a guardian ad litem and an attorney ad litem for the child immediately after the petition is filed and before the full adversary hearing.1State of Texas. Texas Family Code FA 107.011 – Mandatory Appointment of Guardian Ad Litem2Texas Public Law. Texas Family Code 107.012 – Mandatory Appointment of Attorney Ad Litem for Child The child gets both a legal advocate and an independent investigator from the start of the case.
In private custody disputes, the court has discretion. When a child’s best interests are at issue, the judge may appoint an amicus attorney, an attorney ad litem, or a guardian ad litem, weighing the parents’ ability to pay against the child’s need for an independent voice. An appointment is permitted only when the court finds it necessary to determine the child’s best interests.3State of Texas. Texas Family Code Section 107.021 – Discretionary Appointments
Private termination suits are a near-exception. When a private party seeks to terminate parental rights, the court must appoint either an amicus attorney or an attorney ad litem for the child, unless the judge finds that an existing party can adequately represent the child’s interests without any conflict.3State of Texas. Texas Family Code Section 107.021 – Discretionary Appointments In practice, these cases almost always result in an appointment because the stakes are too high to leave the child’s voice to the parties.
Attorney ad Litem: The Child’s Lawyer
An attorney ad litem is appointed to represent the child the same way any lawyer represents any client: with undivided loyalty, confidentiality, and competent representation.4State of Texas. Texas Family Code Section 107.003 – Powers and Duties of Attorney Ad Litem for Child The attorney works for the child, not the court and not any adult party.
Within a reasonable time after appointment, the attorney must interview the child in a developmentally appropriate manner (if the child is four or older), interview people with significant knowledge of the child’s history and condition, and interview the parties. The central job is to seek out and advocate for the child’s own expressed wishes. If a ten-year-old says she wants to live with her grandmother, the attorney ad litem presses that position in court, even over the objections of every other adult in the room.4State of Texas. Texas Family Code Section 107.003 – Powers and Duties of Attorney Ad Litem for Child
The attorney ad litem also investigates the facts, reviews medical and school records, participates in hearings and trials, and encourages settlement. One quiet but powerful duty: the attorney must review any proposed order affecting the child and either sign it or decline to sign. A refusal to sign tells the court the child’s interests may not be served by the deal.4State of Texas. Texas Family Code Section 107.003 – Powers and Duties of Attorney Ad Litem for Child
When the child is in DFPS conservatorship, the attorney picks up extra duties: reviewing the medical care the child receives and, for children at least 16, confirming that the child has essential personal documents (a birth certificate, social security card, and identification) and advising those older children of their right to ask the court for authority to consent to their own medical care.4State of Texas. Texas Family Code Section 107.003 – Powers and Duties of Attorney Ad Litem for Child These tasks matter most in long-running cases where a teenager is approaching adulthood from inside the foster system.
Guardian ad Litem: The Best-Interests Investigator
A guardian ad litem has a different job. Instead of advocating for what the child wants, the guardian determines what the child needs. The statute defines the role simply as a person appointed to represent the best interests of a child. The guardian does not have to be a lawyer and is not a party to the lawsuit.5State of Texas. Texas Family Code Section 107.002 – Powers and Duties of Guardian Ad Litem for Child
The investigative duties mirror those of the attorney ad litem: interviewing the child (if four or older) in a developmentally appropriate way, interviewing people with significant knowledge of the child’s history, interviewing the parties, and seeking out the child’s own views about current or proposed living arrangements. The decisive difference is that the guardian weighs the child’s wishes without being bound by them.5State of Texas. Texas Family Code Section 107.002 – Powers and Duties of Guardian Ad Litem for Child If a child wants to return to a home the guardian believes is unsafe, the guardian can and should recommend otherwise.
Guardians review medical records, school reports, and psychological evaluations, encourage settlement, and carry out any specific tasks the court assigns. A practical limit: a guardian ad litem who is not a licensed attorney cannot call or question witnesses or provide legal services unless also appointed in a dual role.5State of Texas. Texas Family Code Section 107.002 – Powers and Duties of Guardian Ad Litem for Child In CPS cases, the guardian also reviews the child’s medical care and, for children 16 and older, checks that the child has received key personal documents.
Amicus Attorney: Lawyer for the Court
An amicus attorney occupies a middle position. The role exists primarily in private custody cases, not in governmental entity suits, and is designed to help the court figure out what serves the child’s best interests. The amicus attorney does not represent the child and does not have an attorney-client relationship with the child. Loyalty runs to the court.3State of Texas. Texas Family Code Section 107.021 – Discretionary Appointments
Day to day, the amicus attorney looks a lot like the other representatives: interviewing the child and relevant adults, investigating, reviewing records, participating in discovery, presenting evidence, and arguing to the court. The split shows up when the child’s expressed wishes conflict with the child’s welfare. An attorney ad litem must advocate for what the child says; an amicus attorney can set those wishes aside and recommend what the evidence shows is best.
Communications between the amicus attorney and the child are confidential, but only up to a point. The amicus attorney may disclose those communications when disclosure is necessary to help the court determine the child’s best interests.6Texas Public Law. Texas Family Code 107.005 – Additional Duties of Amicus Attorney A child should be warned about that limit before confiding anything serious.
Dual-Role Appointments
In suits filed by a governmental entity, the court may appoint one lawyer to serve as both attorney ad litem and guardian ad litem for the child. Section 107.0125 authorizes this combined appointment, which is common in CPS cases because it gives the child a single person who can both investigate best interests and litigate actively in the courtroom.
The combination carries built-in friction. An attorney ad litem is bound to advocate for the child’s stated wishes; a guardian ad litem can override those wishes when they conflict with the child’s welfare. When those obligations collide in the same person, Texas courts generally expect the dual-role attorney to note the conflict on the record and ask the judge whether separate appointments are needed.
Volunteer Advocates and CASA
Courts can also appoint volunteer advocates, most often through Court Appointed Special Advocates (CASA) programs. In governmental entity suits involving alleged abuse or neglect, the court may appoint a CASA organization or a court-certified individual who has completed approved training on abused and neglected children. These volunteers serve as guardians ad litem or as volunteer advocates for the child.
Volunteers also appear in private custody cases, provided their training was specifically designed for that setting and the court has approved the curriculum. One practical point for parents: volunteer advocates appointed in private (non-governmental) suits are not entitled to fees, unlike the professional attorney and guardian appointments.7State of Texas. Texas Family Code Section 107.023 – Fees, Court Costs, and Expenses CASA volunteers are especially important in rural counties where few attorneys are available for court appointments.
Confidentiality and the Reporting Override
How much of what the child says stays private depends on which role the representative holds. An attorney ad litem has a full attorney-client relationship with the child; those communications are privileged. An amicus attorney’s conversations with the child are confidential but can be disclosed when necessary to help the court protect the child.6Texas Public Law. Texas Family Code 107.005 – Additional Duties of Amicus Attorney A guardian ad litem who is not an attorney generally has no attorney-client privilege with the child at all.
One obligation overrides every version of this. Texas Family Code Section 261.101 requires any person who suspects child abuse or neglect to report it, and it applies that duty “without exception” to people whose communications would otherwise be privileged, including attorneys.8State of Texas. Texas Family Code FA 261.101 – Persons Required to Report; Time to Report If any court-appointed representative, including an attorney ad litem, learns of abuse or neglect, they must report it regardless of how they learned it. Texas does not carve out a privilege exception, so parents and children in a SAPCR should understand up front that this is the one wall confidentiality cannot stand against.
Who Pays
In private custody cases, an appointed amicus attorney, attorney ad litem, or professionally licensed guardian ad litem is entitled to reasonable and necessary fees, and the court orders one or both parents to pay them. Volunteer advocates in private suits are the exception and do not collect fees.7State of Texas. Texas Family Code Section 107.023 – Fees, Court Costs, and Expenses
The court sets fees based on the reasonable and customary rates for similar services in the county where the case is filed. At the time of appointment, the judge orders the parties to deposit a reasonable amount upfront; before the final hearing, the judge orders an additional payment into a trust account for the representative.7State of Texas. Texas Family Code Section 107.023 – Fees, Court Costs, and Expenses Hourly rates in Texas family cases vary widely by county and typically run from roughly $60 to $275 per hour, with initial deposits often falling between $1,500 and $5,000. Total cost depends on how long and how complex the case becomes.
The court may declare these fees “necessaries for the benefit of the child,” which treats them like essential child-related expenses rather than ordinary litigation costs.7State of Texas. Texas Family Code Section 107.023 – Fees, Court Costs, and Expenses One boundary: the court cannot award fees against the state, a state agency, or a political subdivision under this provision. In suits brought by a governmental entity, the child’s representatives are funded through county budgets or state appropriations, not through orders against the parents.
Qualifications You Can Ask About
Not every lawyer can accept these appointments. An attorney ad litem must be trained in child advocacy or have experience the court finds equivalent.4State of Texas. Texas Family Code Section 107.003 – Powers and Duties of Attorney Ad Litem for Child For attorneys on a court’s appointment list for child protection cases, the requirement is more specific: at least three hours of continuing legal education on representing children in protection proceedings each year before the anniversary of their listing, plus training on trauma-informed care and the effects of trauma on children in state conservatorship.9State of Texas. Texas Family Code FA 107.004 – Additional Training for Attorney Ad Litem Appointed for Child in Certain Suits
Courts keep updated lists of qualified professionals and can remove attorneys who miss continuing-education requirements. If a representative has been appointed in your case, you generally have the right to ask about that person’s training and qualifications before the work proceeds.