Are you involved in a family law dispute where an Amicus Attorney has been appointed? Do you understand the role of the Amicus Attorney? It is important to know that the amicus attorney does not represent the child. Instead, the amicus attorney assists the court in determining what arrangements are in the child’s best interest. His or her role is to gather important information and then provide recommendations to the Judge about what orders should be entered into the case. Likewise, the amicus attorney does not owe any duty of care to either parent. Custody cases are emotional by nature, and it is sometimes difficult for parents and other parties to keep emotions in check and remain objective about the amicus attorney’s role.
The amicus is an officer of the court and should be treated as such. It is certainly permissible to disagree with the amicus on a factual dispute, a conclusion or an opinion. However, when a parent becomes aggressive with the amicus attorney it usually goes very badly for that party in court. It is possible to express disagreement without becoming disagreeable.
Our attorneys have handled many cases involving amicus attorneys and have also served the Courts in the amicus role. It is important to understand the roles of each person in your case. If you are concerned about your amicus attorney or if you are considering a divorce, speak to a professional at Connolly & Shireman, a Houston Family Law firm, to get answers to your questions.