Sometimes in contested custody cases, the court appoints a guardian ad litem to help resolve the case. People may confuse an attorney ad litem with a guardian ad litem because of the name similarity, but their roles and qualifications are different. An attorney ad litem must be a lawyer, and the lawyer’s role is to provide legal services to the child, which according to Texas statutes includes undivided loyalty, confidentiality, and competent representation. Some courts refer to an attorney ad litem as an Amicus, or friend of the court. In contrast, a guardian ad litem does not have to be an attorney, but is a person the court appoints to represent the best interests of the child.
Texas definition of a guardian ad litem
The Texas Family Code Chapter 107 defines the guardian ad litem as:
What a guardian ad litem does
Duties that a guardian ad litem performs may include:
While courts are not obligated to follow their recommendations, most judges incorporate them into final rulings. Even so, spouses’ Texas custody lawyers may argue on their behalves against recommendations not in their favor.