Last updated: August 30, 2026
Texas Family Code Chapter 107 creates three different appointed roles in a SAPCR, and they are constantly mistaken for one another. The attorney ad litem is the one that functions like ordinary legal representation: the child is the client, and the lawyer owes the child the duties any lawyer owes a client.
The Statutory Definition
Section 107.001(2) defines an attorney ad litem as an attorney who provides legal services to a person, including a child, and who owes to that person the duties of undivided loyalty, confidentiality, and competent representation.
Compare that to the definition of an amicus attorney in § 107.001(1), whose role is to assist the court rather than to provide legal services to the child. The two roles sound similar and operate very differently.
What an Attorney Ad Litem Must Do
Section 107.003 sets out duties shared with the amicus — interviewing the child, interviewing parties, reviewing records, and participating in the litigation. Section 107.004 adds duties specific to an attorney ad litem representing a child. The attorney must:
- Interview the child in a developmentally appropriate manner, if the child is four years of age or older
- Interview each person who has significant knowledge of the child's history and condition
- Interview the parties to the suit
- Investigate the facts of the case
- Obtain and review copies of relevant records
- Advise the child, considering the child's age and maturity
- Represent the child's expressed objectives of representation and follow the child's expressed objectives while acting as an advocate
- Become familiar with the American Bar Association standards relating to representing children in custody cases
The Child's Wishes Control — With One Exception
This is the deepest difference between the roles. An amicus advocates what the amicus concludes is best for the child, regardless of what the child wants. An attorney ad litem advocates what the child wants, the way a lawyer advocates any client's position.
The exception is capacity. Under § 107.008, if the attorney ad litem determines that the child cannot meaningfully formulate the child's objectives of representation, the attorney may substitute the attorney's judgment for the child's and advocate for what the attorney believes to be in the child's best interests. The attorney must inform the court of that determination, and the court may appoint an amicus or guardian ad litem in addition.
Confidentiality Actually Applies Here
What a child tells an attorney ad litem is protected by the same confidentiality that protects any client's communications with a lawyer. What a child tells an amicus attorney is not. If you are trying to understand what will and will not reach the judge, this distinction is the one that matters most.
Note that the attorney ad litem's duty of confidentiality runs to the child, not to you. Nothing you tell a child's attorney ad litem is protected on your behalf, and the attorney has no obligation of loyalty to either parent.
The Three Roles Side by Side
| Role | Advocates for | Lawyer required | Child confidentiality |
|---|---|---|---|
| Attorney ad litem § 107.001(2) |
The child's expressed wishes | Yes | Yes |
| Amicus attorney § 107.001(1) |
The child's best interests, to assist the court | Yes | No |
| Guardian ad litem § 107.001(5) |
The child's best interests | No | No |
A guardian ad litem under § 107.002 may be a volunteer advocate, a mental health professional, or an attorney serving in that capacity. In CPS cases this is frequently a CASA volunteer. A guardian ad litem is not the child's lawyer and does not provide legal representation.
When Appointment Is Mandatory
Under § 107.012, in a suit filed by a governmental entity seeking termination of the parent-child relationship or appointment of a conservator for a child, the court shall appoint an attorney ad litem to represent the interests of the child immediately after the petition is filed. That is the CPS context, and the appointment is not discretionary.
In a private custody dispute between parents, § 107.021 makes appointment of an amicus attorney, attorney ad litem, or guardian ad litem discretionary. The court may appoint one if the best interests of the child are at issue in a contested case.
Who Pays
In private suits, the court allocates fees between the parties, and under § 107.023 may treat the fees as necessaries for the child. In governmental cases, the appointment is typically compensated by the county. If you are ordered to pay and cannot, raise ability to pay with the court early and in writing rather than accumulating arrears. See the SAPCR cost guide.
Requesting an Appointment
Either party may move for the appointment of an attorney ad litem, amicus attorney, or guardian ad litem, and the court may act on its own motion. Considerations worth weighing before you ask:
- An appointment adds cost, usually borne by the parents
- An attorney ad litem will advocate the child's stated wishes, which may not align with yours
- The investigation examines both households, including yours
- An older child's expressed preference carries real weight through an attorney ad litem, which is often the reason a party seeks one
If a Custody Order Was Entered Without You
None of these protective appointments occur in a case that proceeds to default. No one interviews the absent parent, no one examines their home, and the child's circumstances are described to the court by one side only. If you learned about a custody order long after it was signed, begin with the service record: whether a return of service was filed and what address appears on any Certificate of Last Known Address. Our deadline calculator shows which remedies remain open.
Frequently Asked Questions
What is an attorney ad litem in Texas?
Under § 107.001(2), an attorney who provides legal services to a person, including a child, and owes that person undivided loyalty, confidentiality, and competent representation.
Does the attorney ad litem have to follow what my child wants?
Generally yes, under § 107.004. The exception is § 107.008: if the child lacks capacity to formulate objectives, the attorney may substitute judgment and must inform the court.
Is an attorney ad litem the same as an amicus attorney?
No. The attorney ad litem represents the child as a client and owes the child confidentiality; the amicus assists the court instead. Whether the amicus owes your child confidentiality depends on when the suit was filed. For a suit filed on or after 1 September 2025, no. For a suit filed before that date, H.B. 2530 continues the former law in effect, and former § 107.005(c) barred the amicus from disclosing the child's communications unless the amicus determined disclosure was necessary to assist the court in protecting the child's best interests. See amicus attorneys.
Can my child have their own lawyer in a custody case?
In a private SAPCR, only if the court appoints one under § 107.021. A parent cannot simply hire a lawyer to represent the child in the case.
Can an attorney ad litem be removed?
A party may move to remove an appointee for cause, and the court retains authority over its own appointments. Disagreeing with the position an attorney ad litem takes is not itself cause.
This is not legal advice. This page is general information about Texas procedure, written by a pro se litigant, not a lawyer, and not reviewed by a licensed attorney. Statutes are cited so you can read them yourself, and they change. Consult a licensed Texas family law attorney about your situation.