Texas Legal Glossary · Family Law

Amicus Attorney

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: An amicus attorney is a lawyer appointed by a Texas family court under Family Code § 107.001 to help the judge protect a child’s best interests in a custody case, rather than to represent the child as a client.

Also called: amicus, child's amicus

What an amicus attorney means in Texas

An amicus attorney is a lawyer the court appoints in a private custody case to provide legal services necessary to assist the court in protecting the best interests of the child. Texas Family Code § 107.001(1) draws the line sharply: the amicus assists the court, and does not provide legal services to the child. The child is not the client. The judge is the audience.

Chapter 107 creates two other roles that are easy to confuse. An attorney ad litem under § 107.001(2) represents the child and owes the child the duties of ordinary attorney-client representation, including confidentiality. A guardian ad litem under § 107.001(5) is often not a lawyer and is appointed to investigate and recommend what is in the child’s best interest. In private divorce and modification cases in Central Texas, the amicus is the most common of the three.

How it works in practice

A judge appoints an amicus under § 107.021 when the parents’ accounts of the children’s lives conflict and the court wants an independent view. The parents pay the amicus’s fees, usually split between them. Under § 107.003 and § 107.005 the amicus interviews the child in a developmentally appropriate manner, interviews each parent and other people with knowledge, reviews school, medical, and counseling records, and visits both homes. The amicus may participate in hearings, call and cross-examine witnesses, and take positions on temporary and final orders.

The amicus must tell the court what the child wants, but is not bound by it. Under § 107.005(b), if the child’s expressed objectives conflict with the amicus’s view of the child’s best interest, the amicus may still advocate for best interest. Travis County judges rely on the amicus’s recommendations, and most cases settle at mediation once the amicus has signaled a position.

Why it matters in your case

In a contested conservatorship case, the amicus is often the most influential voice in the room. A parent who is hostile or evasive with the amicus, coaches the child, or disparages the other parent will see that reported to the judge. A parent who cooperates and keeps the focus on the children usually benefits. We prepare clients for the amicus process the same way we prepare them for testimony, because in practice that is what it is.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.