Serving Houston, Katy, Sugar Land, Richmond, The Woodlands and Conroe
In family law cases that are not filed by a government entity—for instance CPS, the court may appoint an “Amicus Attorney” to provide legal services to assist the court in protecting the best interest of the child. An Amicus attorney is typically appointed in contentious child custody cases, and is able to investigate underlying issues that affect the best interest of the child in a way that is not easily possible or otherwise practical for the court. An Amicus Attorney is not a party to the case but is authorized to participate fully in the case, subpoena witnesses, propound discovery, and/or engage in any activities that the Amicus Attorney deems reasonable or necessary to enable him or her make a determination on the best interest of the child.
What are the qualifications to be an Amicus Attorney?
The Amicus Attorney must be trained in child advocacy or determined by the court to have experience equivalent to that training.
Does the court have to follow the Amicus Attorney’s recommendation?
The court does not have to follow the Amicus Attorney’s recommendation—however, most courts ascribe a lot of weight to the Amicus Attorney’s recommendation.
Who pays for the Amicus Attorney?
Generally speaking, the court makes a determination on how the Amicus Attorney will be paid based on a number of factors including the net resources or each party. It is therefore important to note that in addition to paying for their own respective attorneys, each side will most likely be paying a portion of the Amicus Attorney’s fees.
Can parties to a child custody case agree on their own to use an Amicus Attorney?
Yes. Parties may decide on their own that an Amicus Attorney is required in their case and may agree on the choice of the Amicus Attorney. One side may also decide that the case needs an Amicus Attorney and may petition the court to appoint an Amicus. Additionally, the court on its own motion may decide that an Amicus Attorney is warranted and appoint an Amicus Attorney.
Do you want to engage Attorney Anunobi to serve as an Amicus Attorney in your case?
Attorney Anunobi routinely serves as Amicus Attorney in highly contested child custody cases in Montgomery County, Harris County and Fort Bend County. Mr. Anunobi believes strongly in taking the time to determine the best interest of the child and will diligently work the cases that he is involved in to get to the bottom of the issues.
If you would like to consider Mr. Anunobi to serve as an Amicus in your/client’s case, contact us at 832-538-0833.