Texas House Bill HB701

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to the appointment of an attorney ad litem or an amicus attorney in certain cases of divorce.

Impact

The implementation of HB 701 is expected to significantly influence family law practices in Texas. By mandating the appointment of legal counsel for children in contested custody cases, the bill seeks to improve the quality of legal representation for minors whose needs may otherwise be overlooked. This amendment is positioned to aid judges in making more informed decisions, especially in complex cases where the welfare of the child may be at risk due to parental disputes. As a result, this could lead to enhanced outcomes for children as well as facilitate a more equitable legal process for families navigating divorce.

Summary

House Bill 701 aims to amend the Texas Family Code regarding the appointment of legal representation in divorce cases involving children under the age of 12. The bill mandates that, in divorce cases where custody is contested and deviates from the standard possession order, a court must appoint an attorney ad litem or an amicus attorney. This legal representative's role will be to assist the court in determining the best interest of the child involved in the proceedings. The intent behind this bill is to ensure that children's voices and interests are adequately represented in divorce situations in which their custody is disputed.

Contention

While the bill garners support for its focus on child welfare, there is potential for contention around its implementation and possible associated costs. Critics may argue that mandatory appointments could lead to increased legal fees for families involved in divorce proceedings, essentially burdening them further during a complicated and emotional time. Additionally, there may be concerns about the availability of qualified attorneys to fill these roles adequately, particularly in rural areas where legal resources are scarce. Debates are likely to arise regarding how to balance the protection of children's interests with the financial impact on families seeking legal resolution.

Texas Constitutional Statutes Affected

Family Code

• Chapter 1. General Provisions
  • Section: New Section