Please Help!!

[ashley361]

What is the name of your state?TX

I have posted several threats in regards to the Amicus Atty that was appt. to our daughter. Even after we have put in formal denial with the court prior to her appt. She is now in partnership with the ex's atty. She called on a Sun at around 5:30 in afternoon and ask me to come and visit with her in her office. Which I consider big no..no..The ex's atty has already attacked my wife when she went to pay court ordered fees to the AA. in their office. I can only imagine what they heve in store for me going into that office. My atty has put in a motion to now have the AA. disqual from case due to conflict of interest. Hearing is several months away. The AA has refused to resign her appt. on this case and is going to hire a atty to fight so she can stay appt. My questions are what are the chances now that it has been officially set for hearing that she will revoke her appt. to this case via being court ordered to be removed? And what if any hostile actions can I expect from the ex's atty(who had her appt) can I expect? The AA has only met with child 1 time for 35 mins. No other contact has been made...Except the payment of $1500 made by my wife to her office. Does anyone know about court appt atty in these cases about where fees are paid? I recvd a letter from her and several from my atty to pay court registry. They would not except saying they have no order for these fees. We were told to make payment directly to her. Are we entiled to this money back since her job was not done????? How do we have to file another suit(civil) or will judge if she is disqual from case order it?? Can the Navy help us with this situtation???

 

[badapple40]

What the heck is this all about?

 

[fozzy2]

Family law, and in Texas no less. The daily double. All you need now is triggering of the Indian Child Welfare Act and you will officially be at the point where "things can not get worse." ;-)

unnecessary caveat: the following is not legal advice nor do I claim standing to give legal advice. Caveat emptor, you get what you pay for, etc.

On a more serious note, I take it that you and your child's other parent are engaged in some particularly nasty dispute that might inolve the termination of one or both of your "parental rights".

The court (i.e. the Judge) has appointed an "Amicus Attorney". The Amicus Attorney works for the court, investigating the situation so they can make an "informed decision" about the what would be "in the best interests of the child." In other words, you have your attorney, your ex has their attorney, and now the court has appointed an attorney to look out for your childs interests.

An "amicus attorney" is somewhat different than an "attorney ad litem." An attorney ad litem has your child as a sole 'client' and the rules of confidentiality and undivided loyalty apply. The amicus attorney, on the other hand, has your child's best interests at heart but is more free to communicate with the court and splits his/her loyalty between the demands of the court and the interests of the child.

Key Texas law principle: If they were appointed by the judge, it ain't no accident. They are probably friendly with the judge, give to the re-election fund, and make sure not to complicate the judge's life with that fancy schmancy "activist" legal nonsense. Or perhaps they have pissed off the judge for some reason and have been roped into performing what is typically a poor paying and underappreciated job. Either way, challenging a judge's appointment is tantamount to challenging the judge him/her self. And in family court, particularly in Texas, that is something be careful about.

There is no way to gauge the odds of you getting the current amicus attorney cut off from the case because you haven't specified what kind of "conflict of interest" has arisen. As to the payment of the amicus attorney, the court can order a payment plan (either parent or some type of split) but generally by default the two parents split the fee. You can bet the state of Texas isn't going to pick up the tab. Expect to be billed, just because the amicus attorney hasn't spent a lot of time with you doesn't mean that they haven't put in hours. ( anything from records review to school visits, etc. ).

As to skipping an "invitation" to speak with the amicus attorney -- I hope you are carefully discussing your actions with your own attorney. Remember, the amicus attorney is an extension of the *court* and ignoring/abusing them is likely to have consequences. Since this is a civil matter the Navy will almost certainly not represent you, but you can ask to have a Navy attorney familiar with the state law to sit down and give you a general overview of the process, etc.

 

[rmet4nzkx]

Here is a link re Texas divorce law and military, it is written by the Army but should help some.
http://www.cs.amedd.army.mil/sja/txdivinfo2.htm
and
http://www.loughmillerlaw.com/CM/PracticeAreaDescriptions/PracticeAreaDescriptions8.asp Article:
The Amicus Attorney - A New Voice for Children in Texas

By Michael R. Puhl

Chapter 107 of the Texas Family Code underwent massive changes during the 2003 legislative session. These changes are the result of several years of intensive study by family law professionals of the problems associated with the current system of court-appointed counsel for children, which culminated in several recommended changes to the statute which authorizes the court to appoint a legal representative for a child in a family law case.

Lawyers have generally been appointed to serve in these roles, although the emergence of court appointed special advocates (CASA volunteers) recognized the court’s ability to appoint lay volunteers to serve in these capacities as well. The types of matters that involve this form of representation include custody, access, paternity, termination of parental rights, child protective proceedings, and any suit affecting the parent-child relationship. Due to the repercussions of these types of proceedings upon the children involved, no other area of the legal profession has a greater potential impact upon society. Although applicable in all types of cases, this article focuses upon the lawyer’s role in non-government suits only.

Attorneys generally recognize the importance of their responsibilities and have worked diligently to assist children who are caught in painful and sometimes threatening situations. However, intricate ethical issues involved in the representation of children in family law matters have contributed to the complexity of these appointments and have made the lawyer’s job increasingly more difficult. In 2003, the Texas Legislature attempted to assist lawyers who serve in these critical capacities by clarifying and defining this area of the law.

The ethical dilemma for attorneys appointed to represent children has focused upon the general obligation of a lawyer to follow his or her client’s directives when determining the goals of representation. The debate has centered upon whether an attorney should advocate according to the child’s directions or whether the lawyer should determine the goal of representation and advocate what is in the child’s best interests. This controversy has caused a great deal of confusion, leaving lawyers understandably perplexed about their professional responsibilities. Texas Rule of Professional Conduct 1.02(a)(1) states that a “lawyer shall abide by a client’s decisions . . . concerning the objectives and general methods of representation.” However, this duty is subject to the duty to “take reasonable action to secure the appointment of a guardian or other legal representative for, or seek other protective orders with respect to, a client whenever the lawyer reasonably believes that the client lacks legal competence and that such action should be taken to protect the client.” In many cases this requirement results in the appointment of yet a second attorney for the child.

The crux of the issue is whether a child who is the subject of a controversy is “competent” to direct counsel in family law matters. However, children are not simply small adults and their ability to direct counsel is necessarily affected by the fact they are the “real party” to the litigation. Realistically, many children are not capable of reasoned, objective or independent judgment. The problems is further complicated by the fact that even when the attorney may understand the child’s unique perspective and point of view, the child’s view may conflict with the needs of the child. The dilemma is thus posed as follows: how do we provide children, who may not be able to recognize what is in their own best interest, or to differentiate between their own desires and those of their parents, with effective counsel to increase the likelihood that their needs will be addressed and their voices will be heard?

Enter the new legislative amendments. A newly created best interest-directed role, entitled “amicus attorney” is provided for in non-government suits. The amendment statutorily clarifies that a lawyer appointed in this role is authorized to provide legal services, unless serving as a CASA volunteer, which allows a lawyer to advocate per the child’s best interests without being bound by the child’s expressed objectives of representation. The role is a hybrid in the sense that the lawyer must determine and take into account the child’s point of view when determining the child’s best interest, regardless of the child’s position. Although counsel must ensure that the child’s views are made known to the court if the child so desires, the costly requirement to appoint a separate guardian ad litem in the event of a perceived conflict, is no longer necessary, or even available. The role combines aspects of both child-directed and best interest-directed advocacy. The role of the amicus attorney also clarifies for counsel many his or her attendant rights and duties in the context of his representation of the child.

Consult your family law professional for more information on this useful new tool of the court.

 

[lovevioleticecr]

i have similar problem...

Texas

email me if you want to talk... i have same issues with an AA. Pure evil.
do you know how to contact "fozzy2"?

 

[rmet4nzkx]

Texas

email me if you want to talk... i have same issues with an AA. Pure evil.
do you know how to contact "fozzy2"?

Please start your own thread rather than hijack. It is not appropritae to do this by PM.

Private Message: please tell me...

Today,
lovevioleticecr
Junior Member

Join Date: Aug 2005
Posts: 1
please tell me...
Texas
Hi,
I have noticed that you are extremely detailed. Good sign.
Could you please tell me what state you are located in?
What do you do?
Could I tell you my outrageous story sometime?

Thanks,
violeticecream