How is an Amicus Attorney Appointed on a Case?
A parent or third party intervenor can ask the Court to appoint an amicus attorney in contested child custody matters. In some instances, the Court may appoint an amicus attorney without a formal request being made by any party or their attorney after hearing testimony by the parties. Some Courts request that the amicus attorney provide a report to the Court within a specified time period; others depend on the amicus attorney to provide a report once they have fully investigated the facts of the case.
If an Amicus Attorney Is Appointed in Your Case
Parents should cooperate to the fullest extent with the amicus attorney in order to ensure that the amicus attorney receives a fair and accurate picture of the history and current relationship between the parents and the child in question. It is in the best interest of the child that the amicus be fully informed about current and prior litigation. The amicus attorney may request parents sign releases so that the amicus attorney may review medical or school records - remember: full cooperation with the amicus attorney is beneficial to your children.
Who Pays for the Amicus Attorney?
The Amicus Attorney is entitled to have reasonable fees and expenses paid by the parties. The parties involved in litigation are responsible for the costs of the amicus attorney regardless of whether the parties requested an amicus attorney or the Court appointed one without a formal request. Most often, the court will order that the fees of an amicus attorney be shared equally between the parties. Occasionally, the court may order one party to pay 100 percent of all the costs associated with the amicus attorney. Generally, when the court appoints an amicus attorney, the parties will be ordered to pay a deposit - also known as a retainer - to the amicus attorney to be used toward the legal fees expected to be incurred. Many times the amicus attorney will require additional deposits be made during the pendency of the litigation to ensure payment for services rendered.
Contact Us for More Answers
Having served as an amicus attorney on many contested custody cases, lawyer Alma R. Benavides has much experience as an amicus attorney and can answer your questions at an initial consultation. We encourage you to call our office in Plano, Texas, at 972-578-2600 (locally), 866-959-3826 (toll free) or contact us by e-mail to schedule an appointment.
