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Bill

Bill

HB 701

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

89th Legislature (2025) Introduced by Diego Bernal

HB 701 clarifies Texas court authority to appoint child advocates (attorney ad litem or amicus attorney) in divorce cases to protect children's legal interests during custody proceedings.

Referred to s/c on Family & Fiduciary Relationships by Speaker
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Bill Summary · HB 701

Legislative bill overview

HB 701 modifies Texas law regarding the appointment of attorneys to represent children's interests in divorce proceedings. The bill specifically addresses when courts may appoint an attorney ad litem (who represents the child's legal interests) or an amicus attorney (who advises the court on the child's best interests) in contested custody cases.

Why is this important

Child representation in divorce cases significantly affects custody outcomes and ensures minors have legal advocacy in proceedings that directly impact their lives. The bill's provisions could expand or clarify court authority to appoint such representation, potentially increasing access to legal protection for children in high-conflict divorces or complex family situations.

Potential points of contention

  • Cost allocation: Determining whether parents, courts, or the state bears the expense of appointing attorneys for children in divorce cases
  • Scope of appointments: Disagreement over which divorce cases warrant attorney appointment (all contested cases, only high-conflict situations, or cases involving abuse allegations)
  • Attorney role clarity: Potential conflict between the distinct functions of ad litem attorneys versus amicus attorneys, and which role serves children's interests more effectively

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

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