The bill amends the Family Code to allow indigent parents involved in certain legal proceedings regarding the parent-child relationship to select their own attorney ad litem. Specifically, it introduces Section 107.01301, which permits a court-determined indigent parent to choose an attorney who meets specific qualifications, including being licensed and in good standing with the State Bar of Texas. The selection process is designed to be independent of any court appointment systems, ensuring that the court cannot influence or interfere with the parent's choice of attorney. Additionally, the bill stipulates that the attorney selected will serve as the parent's counsel of record upon filing a notice of appearance, and the court's review of this notice is limited to confirming the attorney's qualifications.
The bill also outlines the payment structure for the attorney ad litem selected by the parent, ensuring that compensation is equal to that of court-appointed attorneys and is paid from county general funds. It prohibits local rules that conflict with the new provisions and emphasizes that any interference with a parent's selection of an attorney for financial gain or favoritism is a violation of judicial ethics. The changes will apply only to suits filed on or after the effective date of the Act, with the Office of Court Administration required to implement the necessary rules by March 1, 2026.
Statutes affected: Introduced: Family Code 107.013 (Family Code 107)