Top Questions For Amicus Attorneys From Parents In Hunt County, Texas

In this article, you will discover:

• How to prepare for a meeting with an amicus attorney.
• How an amicus attorney decides what’s in the best interest of a child.
• How to make sure an amicus attorney understands your side of the case.

What Experience Do You Have Working With High-Conflict Custody Cases?

As an amicus attorney, a hundred percent of my experience is in high-conflict custody cases. High conflict is one of the requirements that the court must consider when appointing an amicus. I usually carry a caseload of about 20 high-conflict amicus cases at a time.

These cases are primarily in Hunt County, where we have litigants who are usually getting divorced or trying to modify a prior court order after a divorce that dealt with custody issues: the possession, the access, the terms of the conservatorship for the child or the children involved in the lawsuit.

The experience can include attending depositions, sending out subpoenas or participating in written discovery. I have also participated in a dozen bench trials before a judge on these cases, as opposed to a jury, where the cases are tried over a number of days.

I also have jury trial experience as an amicus attorney because some parents believe that their family law matter should be tried by a jury instead of the court, and an amicus attorney participates in the jury trial just like the attorneys for the parents would. It’s a well-rounded range of experience being an amicus attorney.

How Do I Prepare For Meetings With An Amicus Attorney?

If I am appointed as your amicus attorney, I have a detailed intake questionnaire that I ask all parties to complete at the beginning of my work on your case. My number one suggestion for all parties is to ask the amicus attorney’s office if there’s an intake questionnaire that can be completed prior to the meeting. This will give the amicus attorney the background needed to begin his or her investigation into your case.

An intake form will also give you guidance regarding the topics that are important to the amicus attorney or questions they may ask you to elaborate on during the meeting. It’s also essential to have information about your children’s medical providers and the therapists involved with the family. Finally, it should help you to organize information about any other outside sources and providers that may be working with your family.

Suppose law enforcement and Child Protective Services are involved because of child abuse allegations. In that case, you want to have at least the names and contact information available for the professionals involved so that the amicus attorney can reach out if there are details or evidence to be gathered. It is important that the amicus attorney go straight to the source for the relevant and necessary information.

It is also important to have that information ready to go at that initial meeting because, often, these cases can move very quickly. The amicus attorney may not be getting in at the very beginning; they may be starting a little bit later in the game and have to play catch-up.

The quicker you can get all of that information together and ready at the initial meeting with the amicus attorney, the better position you will be in as a litigant.

Attorney Christina Wade Perrone is an experienced lawyer and amicus attorney based in Greenville, TX, who helps clients like you with family law issues such as divorce, child support and child custody. With her experience handling family law matters and complex litigation, she is prepared to protect your rights and advise you on how to best work with an amicus attorney.

Still have questions? Ready to get started? Contact Perrone Law Firm today to schedule an initial consultation.

How Much Does It Cost To Have An Amicus Attorney Involved In A Case?

I believe we take a unique approach in this regard. Instead of charging the traditional hourly rate attorneys charge in Hunt County, we charge a discounted hourly rate as an amicus attorney. We do this because we understand that you’re already expending funds for your own privately paid attorneys.

Amicus attorneys across the state are going to charge hourly for the work that they do. That includes discovery, depositions, mediations, settlement conferences and participation in the trial. On rare occasions, the court can order that the amicus attorney’s fees be paid out of the county’s general fund, much in the way defense attorneys for the indigent or attorneys ad litem are paid to represent children in suits brought by governmental entities. Absent this rare circumstance, the parties are responsible for paying the amicus attorney’s fees.

How Does An Amicus Attorney Decide What’s In The Child’s Best Interest?

The factors to consider when determining what’s in your child’s best interest are outlined in the family code and case law. There are a number of factors that must be evaluated, including:

• Your ability to meet your child’s physical and emotional needs, not only now but in the future;
• Whether there are programs or services available to you and the other parent;
• Your willingness to take advantage of those programs and services that would assist you in meeting your child’s needs; and
• Whether your child has any express desires with respect to custody, possession, access, conservatorship.

Those are just a few of the factors an amicus attorney considers in determining what’s in a child’s best interest.

There’s also the evidence gathering and evaluation an amicus attorney does while working on a case:

• Looking over the information provided by you and the other party;
• Reviewing therapy notes; and
• Talking to therapists, school teachers and medical professionals for the children.

All of this is an effort to gather all information that may be needed to evaluate whether or not you and your former spouse can meet your child’s best interests.

How Can I Ensure The Amicus Attorney Understands My Side Of The Case?

Appear for the meetings requested by the amicus attorney and deliver your information in an organized, timely fashion. If you believe circumstances have changed and you have updates for the amicus attorney, providing them with the documents they requested is the best way to make sure your side of the case is seen and evaluated.

Simply put: Tell me who is seeing your child, who the professionals involved are, and how I can get records from them.

I also need your direct input. That means coming to the meetings, answering the questionnaire and following up with the amicus attorney as things change. This strategy is the best way to get all of your side of the case in front of the amicus attorney.

What Do Parents Typically Misunderstand About Your Role, And How Do You Clarify It?

The number one misconception is the confusion between an amicus attorney and an attorney ad litem.

An attorney ad litem represents your child’s expressed desires. Maybe they provide legal services directly to your child in a case. Suppose your child says they never want to see their dad. In that case, the attorney ad litem ensures that the position is brought before the court through motions, setting hearings, questioning and cross-examination of witnesses or presentation of evidence on behalf of your child.

That’s not what an amicus attorney does, and that’s the most common misunderstanding. An amicus attorney does not represent what your child wants. Instead, their role is to protect what’s in your child’s best interest, which sometimes may not be consistent with what your child wants.

The easiest way to clarify the difference is to start at the outset of the representation to make sure you understand the role of the attorney appointed in your family law case. Be sure that you understand the role of an amicus attorney and what information the amicus attorney will be reviewing and gathering.

In this way, your contribution will assist the amicus attorney in ensuring what would be suitable for your child’s best interest and advocate for that so the court can make orders consistent with that.

Still Have Questions? Ready To Get Started?

For more information on Top Questions For Amicus Attorneys From Parents In Hunt County, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.