Motion to Appoint Guardian Ad Litem in Texas

What Is a Motion to Appoint Guardian Ad Litem?

Background

If a child appears before a juvenile court without a parent or guardian, the court shall appoint a guardian ad litem to protect the child’s interests. (Tex. Fam. Code § 51.11.)

"Guardian ad litem" is a person appointed to represent the best interests of a child. The term includes:

A volunteer advocate;
A professional, other than an attorney, who holds a relevant professional license whose training relates to the determination of a child’s best interests;
An adult having competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child; or
An attorney ad litem appointed to serve in the dual role.

"Dual rule" means the role of an attorney who is appointed to act as both guardian ad litem and attorney ad litem for a child in a suit. (Tex. Fam. Code § 107.001(4).) A child’s attorney may be appointed the child’s guardian ad litem, however law enforcement officers, probation officers, or other employees of the juvenile court may not be appointed guardian ad litem. (Tex. Fam. Code § 107.023(a).)

When the court appoints a guardian ad litem, the court must issue an order authorizing him or her to have immediate access to the child. (Tex. Fam. Code § 107.006(a).)

In a suit other than a suit filed by a governmental entity, a guardian ad litem is entitled to reasonable fees and expenses. (Tex. Fam. Code § 107.023(b).) The court must determine the fees and expenses of a guardian ad litem by reference to the reasonable and customary fees for similar services in the county of jurisdiction. (Id.) The court must also order a reasonable cost deposit to be made at the time the court makes the appoint and it must order an additional amount to be paid to the credit of a trust account for the use and benefit of the guardian ad litem. (Id.)

How to Structure the Motion

In any suit in which the child’s best interests are at issue, the court may appoint a guardian ad litem sua sponte or by motion of any party to the proceeding if a child’s parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to the proceedings, the court may appoint a guardian ad litem to protect the interests of the child in the proceedings. (Tex. Fam. Code § 51.11; Tex. Fam. Code § 107.021(a).) The motion should be filed with the clerk of the court in which the suit is pending and all parties must be given notice of the motion. (T.R.C.P. 21, 21a.)

Documents for Motion to Appoint Guardian Ad Litem in Texas

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JONATHAN CARCAMO vs. JOHNNY ADAMS, et al document preview

NOTICE OF HEARING ON AGREED MOTION TO APPOINT GAL - Minor Prove Up

2 pages

FILED 5/6/2024 1:37 PM FELICIA PITRE DISTRICT CLERK …

Motion to Appoint Guardian Ad Litem in Texas

What Is a Motion to Appoint Guardian Ad Litem?

Background

How to Structure the Motion

Documents for Motion to Appoint Guardian Ad Litem in Texas

Related Legal Topics for Motion to Appoint Guardian Ad Litem in Texas

Useful Examples of Pre-trial for Motion to Appoint Guardian Ad Litem and Related Documents Filed in Court Cases/Dockets