Texas Senate Bill SB24

Texas 2023 - 88th 1st C.S.

• Filed: 6/19/23

Caption

Relating to special appointments in suits affecting the parent-child relationship.

Impact

The proposed changes under SB24 are expected to have significant implications for how courts handle suits affecting parent-child relationships. By clearly delineating the responsibilities of attorneys serving in these roles, it aims to provide clearer guidance for representing children's interests effectively. The emphasis on extensive interviews and assessments ensures that the child's voice is essential in proceedings, potentially leading to outcomes that better reflect children's needs and circumstances. Consequently, the bill could improve the overall legal framework by enhancing the quality of representation in child custody cases in Texas.

Summary

SB24 is a proposed amendment to the Family Code within Texas law concerned with the appointment of legal representatives in cases concerning parent-child relationships. The primary focus of the bill is to outline the roles and responsibilities of an amicus attorney, who is appointed by the court to represent the best interests of the child rather than the child's own legal interests. The bill not only defines the role of the amicus attorney but also sets parameters for their appointment and the tasks they are expected to undertake during legal proceedings. This aims to enhance the legal process surrounding child custody to ensure child welfare is prioritized.

Sentiment

The sentiment surrounding SB24 appears generally positive, especially among advocates for child welfare and legal representation standards. Supporters argue that the bill could strengthen legal proceedings by ensuring that children's interests are adequately represented, thereby improving the judicial process's effectiveness. Nonetheless, there could be apprehensions about the implementation and practicality of appointing amicus attorneys, particularly regarding the costs incurred by families involved in these disputes.

Contention

While SB24 primarily seeks to clarify the roles of legal representatives in family law cases, notable points of contention may arise regarding the interpretation of the amicus attorney's duties and the potential financial implications for families. Some stakeholders could argue that mandated appointments might create a financial burden, especially for low-income families who might struggle to pay for legal services. There may also be discussions around the qualifications required for amicus attorneys, aiming to balance accessibility with the need for competent representation in sensitive child custody matters.

Texas Constitutional Statutes Affected

Family Code

• Chapter 107. Special Appointments, Child Custody Evaluations, And Adoption Evaluations
  • Section: New Section