Texas Family Code
§ 107.008 — SUBSTITUTED JUDGMENT OF ATTORNEY FOR CHILD
FA § 107.008Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part A. GENERAL PROVISIONS · Ch. 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS · Art. A. COURT-ORDERED REPRESENTATION IN SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
Statute text
View on source(a)An attorney ad litem appointed to represent a child or an attorney appointed in the dual role may determine that the child cannot meaningfully formulate the child's objectives of representation in a case because the child:
(1)lacks sufficient maturity to understand and form an attorney-client relationship with the attorney;
(2)despite appropriate legal counseling, continues to express objectives of representation that would be seriously injurious to the child; or
(3)for any other reason is incapable of making reasonable judgments and engaging in meaningful communication.
(b)An attorney ad litem or an attorney appointed in the dual role who determines that the child cannot meaningfully formulate the child's expressed objectives of representation may present to the court a position that the attorney determines will serve the best interests of the child.
(c)If a guardian ad litem has been appointed for the child in a suit filed by a governmental entity requesting termination of the parent-child relationship or appointment of the entity as conservator of the child, an attorney ad litem who determines that the child cannot meaningfully formulate the child's expressed objectives of representation:
…
Legislative history
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 6, eff. September 1, 2005.