Texas House Bill HB852

Texas 2021 - 87th Regular

Caption

Relating to the powers, duties, and qualifications of an amicus attorney in a suit affecting the parent-child relationship.

Impact

The enactment of HB 852 has significant implications for Texas Family Law, particularly in cases involving children. By delineating the roles and responsibilities of amicus attorneys, the bill aims to enhance the quality of representation for children by ensuring that those appointed are equipped with the necessary training and experience. Furthermore, it seeks to eliminate potential biases by requiring full disclosure of any conflicts of interest. This could lead to more consistent outcomes in custody cases, as attorneys are now bound to act impartially and in compliance with rules designated to protect children’s rights.

Summary

House Bill 852 pertains to the powers, duties, and qualifications of an amicus attorney involved in suits that affect parent-child relationships. This legislation seeks to clarify the role of amicus attorneys, who assist the court in making decisions that are in the best interests of children in custody disputes. The bill emphasizes the necessity for these attorneys to possess certain qualifications and document conflicts of interest upfront before their appointment. It mandates that amicus attorneys undertake specific duties, such as interviewing the child and participating in judicial proceedings to ensure that the child's perspectives are presented appropriately.

Contention

While supporters of HB 852 argue that the legislation strengthens child representation in legal matters, some critics may contend that it could complicate judicial processes by adding more layers of requirements for attorneys. Concerns regarding the feasibility of enforcing these new standards and the potential for increased legal costs may also arise, particularly for families already struggling during custody disputes. Balancing the interests of justice with the practical realities of family law will be a critical discourse as this bill moves forward.