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.
“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.
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:
By doing these things, the amicus attorney is trying to gather enough information to make a recommendation to the court.
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.
If you are in Fort Worth or surrounding areas, and are facing a child custody battle, contact Pat White 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.
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