Texas 2015 - 84th Regular

Texas Senate Bill SB1931

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 

Caption

Relating to the appointment of an attorney ad litem for a parent in certain suits affecting the parent-child relationship.

Impact

The bill amends the Family Code to establish clear procedures around the appointment of attorneys ad litem for parents, particularly focusing on those who claim they cannot afford legal representation. The changes aim to improve the legal support available to disadvantaged parents during crucial custody hearings. This not only aids in protecting the interests of the parents but also indirectly ensures better outcomes for children by promoting fair representation in court settings where parent-child relationships are concerned.

Summary

SB1931 addresses the appointment of an attorney ad litem for parents in certain legal cases affecting the parent-child relationship in Texas. The bill mandates that if a parent appears in court without legal representation, the court must inform the parent of their right to an attorney. Specifically, if the parent is indigent and opposes the suit, the court is required to appoint an attorney ad litem. This ensures that lower-income parents can receive legal counsel when their parental rights are at stake, thereby enhancing access to justice in family law matters.

Sentiment

Overall, the sentiment surrounding SB1931 appears to be positive among advocates for family law reform and legal aid organizations, who see this as a step toward ensuring equitable access to legal resources for impoverished families. Supporters argue that this approach prioritizes the welfare of children while also safeguarding the fundamental rights of parents to defend themselves legally. Critics, however, could express concerns about the potential additional burdens this change might place on the court system, particularly in terms of resource allocation and the speed of proceedings.

Contention

Notable points of contention around SB1931 may arise from the implementation of its provisions. Questions could be raised regarding how courts will assess indigence and the effectiveness of appointed attorneys in representing parents' best interests. Given the complexities involving child custody cases, some may argue that the quality of representation could vary significantly based on the available legal resources for appointed attorneys. Additionally, there may be discussions on the need for sufficient training and oversight for attorneys ad litem to ensure they competently advocate for their clients in such sensitive circumstances.

Companion Bills

TX HB2723

Identical Relating to the appointment of an attorney ad litem for a parent in certain suits affecting the parent-child relationship.

Similar Bills

IL SB3671

STATES ATTY-PEACE OFCR-PRIVACY

IL SB2087

STATES ATTY-PEACE OFCR-PRIVACY

CA SB605

State attorneys and administrative law judges: compensation.

CA AB1163

Minors: power of attorney to care for a minor child.

CA SB1109

Adoption.

CA SB710

District attorneys: conflicts of interest.

CA AB2083

Public utilities: rates.

CA AB894

Attorney General: directors and employees: exemption from civil service.