Amicus Attorneys in Child Custody Disputes
In some child custody disputes, the court may appoint an amicus attorney, to help the court decide what is in the best interests of the child. This attorney makes recommendations to the court regarding what kind of custody arrangement would be best for the child.
What Does Amicus Mean?
“Amicus” literally means “friend to the court.” The amicus attorney does not represent either side, nor does he represent the child directly. The amicus attorney’s only concern is the child’s best interest. Both sides split the amicus attorney’s fees.
What Does an Amicus Attorney Do?
The amicus attorney may do many of the same things that a social worker or psychologist does in evaluating the situation. Some things you can expect include:
- Talking to the children and the parents
- Home visits
- Interviews with third parties, such as doctors or friends
By doing these things, the amicus attorney is trying to gather enough information to make a recommendation to the court.
Are Amicus Attorneys Always Appointed?
Amicus attorneys are only appointed in cases where the court feels it needs assistance in protecting the best interest of the child. Like social studies and psychological evaluations, amicus attorneys are usually only appointed in more contentious cases.
Many couples find that it’s better for the entire family to try and agree to a custody arrangement without entering into a courtroom battle. Courts will usually adopt the custody arrangement agreed to by the parents, as long as that arrangement is in the best interests of the child. However, there are some situations where a legal custody battle cannot be avoided. In those cases, the court might decide that appointing an amicus attorney is the best way to protect the child’s interest.
Wilhite & Lea, P.C. | Houston Family Lawyers
If you are in Houston or surrounding areas, including Harris County, Montgomery County, Washington County, Grimes County, Fort Bend County and Waller County and are facing a child custody battle, contact Wilhite & Lea today for an evaluation of your case. Our attorneys have the knowledge and experience necessary to help you decide the best course of action for your family, and to help you explore all your options. We are here to listen to your goals and help you meet them.