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Bill

Bill

SB 61

Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.

89th Legislature, 1st Called Session (2025) Introduced by Judith Zaffirini

Allows indigent Texas parents to select their own attorney ad litem in custody cases instead of accepting court-appointed representation.

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Bill Summary · SB 61

Legislative bill overview

SB 61 allows indigent parents to select their own attorney to serve as attorney ad litem (a court-appointed advocate) in family law cases affecting parent-child relationships, rather than having one appointed by the court. The bill modifies existing procedures for how legal representation is assigned in cases involving poor parents who cannot afford attorneys.

Why is this important

This change affects access to justice in custody, visitation, and child welfare cases where parents lack financial resources. It could improve outcomes by allowing parents to choose attorneys they trust, though it may also create implementation challenges regarding cost allocation and attorney availability in underserved areas.

Potential points of contention

  • Funding mechanism unclear: The bill doesn't specify who pays for attorney ad litems if parents select their own counsel, potentially shifting costs to counties or the state in unexpected ways
  • Court oversight and quality control: Allowing parent selection rather than court appointment may reduce judicial ability to ensure attorney competence and impartiality in sensitive child welfare matters
  • Equity concerns: Parents with more resources or information may navigate selection better, while truly disadvantaged parents might still receive inadequate representation

Compiled from official sources — confirm details with the bill’s official record.

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