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Court-ordered Processes that Aid in Determining Conservatorship

Conservatorship Decisions and Supporting Processes in Texas

In child custody cases, Texas Family Code Chapter 153 outlines the factors a court considers when determining conservatorship arrangements. The chapter also defines the rights and duties of conservatorship. However, there are instances where a court may require additional information or input to make its final decision. In these situations, the court may order specific processes or appoint individuals to aid in reaching a resolution.

Texas Family Code Chapter 107 describes these appointments, their roles, and their responsibilities. Here’s a closer look at the key processes and appointments that may impact your case.


The Role of an Amicus Attorney

An amicus attorney is appointed by the court to provide legal services that assist the court in determining what is in the child’s best interest. The amicus attorney does not represent the child but instead serves to provide the court with the necessary legal insights to safeguard the child’s welfare.

Key responsibilities include:

  • Interviewing the child and other parties involved in the case.
  • Investigating and reviewing facts and relevant records.
  • Participating in litigation proceedings.

By offering these services, the amicus attorney plays a neutral yet vital role in ensuring the court has all the facts to make an informed decision.


Understanding Attorney Ad Litem

An attorney ad litem is appointed to provide legal representation directly to the child. Unlike the amicus attorney, this individual establishes an attorney-client relationship with the child and is tasked with representing the child’s expressed objectives in court.

Responsibilities include:

  • Advising the child on legal matters.
  • Representing the child’s wishes in litigation.
  • Providing confidentiality and loyalty to the child-client relationship.

The attorney ad litem ensures the child’s voice and interests are directly heard in court.


What Is a Guardian Ad Litem?

A guardian ad litem may take several forms:

  • A volunteer advocate trained to assist the court.
  • A licensed professional with relevant expertise.
  • An attorney ad litem who assumes additional duties.

Their primary role is to represent the child’s best interests, often conducting investigations and assessments to inform the court’s decisions. This appointment ensures that the child’s welfare remains a central focus throughout the proceedings.


Social Studies in Custody Cases

A social study is an evaluative process ordered by the court to assess the living conditions and relationships between the child and parents. Conducted by a qualified social worker, the study gathers crucial information and provides recommendations to the court regarding:

  • The child’s primary residence.
  • The type of conservatorship arrangement (sole or joint).
  • A suitable visitation schedule for the parents.

Social studies are instrumental in painting a comprehensive picture of the family dynamics to aid the court in its decision-making process.


Additional Court-Ordered Processes

In conservatorship cases, courts may also impose restrictions or request additional assessments to protect the child’s welfare, including:

  1. Drug Testing:
    Ordered if there are allegations of substance abuse by one parent.
  2. Overnight Guest Restrictions:
    Prohibiting unrelated individuals from staying overnight when a parent has possession of the child.
  3. Geographic Restrictions:
    Often placed in joint managing conservatorship cases to limit the child’s primary residence to a specific geographic area. Parents seeking to move outside this area must demonstrate that the relocation serves the child’s best interest.

How a Family Law Attorney Can Help

Conservatorship cases often involve complex legal and emotional challenges. Navigating these processes requires a thorough understanding of the law and its applications. Consulting an experienced family law attorney ensures that you are prepared for all aspects of the case, from appointments and evaluations to potential restrictions and requirements.

If you’re facing a conservatorship or child custody issue, don’t hesitate to seek legal guidance. A knowledgeable attorney will help you protect your rights and focus on achieving the best outcome for your family.

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Michael Busby is a Houston divorce lawyer who has been in practice for over 20 years and appears daily in the Family Law Courts of Harris County and Fort Bend County Texas

Busby & Associates , have two Houston Offices, one in Chinatown, Houston Texas and another in Independent Heights, Houston, Texas. Michael Busby is Board Certified in Family law by the Texas Board of Legal Specialization.