An amicus attorney is, in essence, an arm of the Court. In civil custody cases, an amicus attorney may be appointed by the Court to represent the best interests of all involved children. An amicus lawyer does not represent either parent nor does he or she have an attorney-client relationship with involved children. In fact, an amicus attorney will be aware of the child’s desires, but may only advocate for those in cases where they are in line with what will be best for that child’s long-term health and happiness.
What are the Duties of an Amicus Attorney?
Duties assigned to an amicus attorney may include:
- Interviewing. Children over the age of four may be interviewed by an amicus attorney to better understand needs and desires. Additional interviews with adults involved in the child’s upbringing, or those with knowledge of a child’s history and condition may also be conducted. Both parties to the custody suit should be prepared to be interviewed as well.
- Investigating. An amicus attorney may need to review medical, school, and law enforcement records for a child.
- Assisting. While the desires of a child may not be the determining factor in a custody case, an amicus attorney can communicate the child’s desires, as appropriate, with the Court.
- Litigate. An amicus attorney will be involved in hearings. He or she may also review, sign or refuse to sign pleadings, and deal with any agreements or orders affecting the child.
It is important to remember that an amicus attorney is not bound by the stated desires of the child or children he or she has been appointed to protect. Instead, this court-appointed lawyer will, in a developmentally appropriate manner, ensure that the Court is made aware of these desires and objectives.
About Yasmin Kutty
Sugar Land amicus attorney, Yasmin Kutty, has been practicing law for over 20 years. In that time, she has served two administrations as the Assistant Attorney General for the State of New York. While in New York, Mrs. Kutty also served as an ad litem attorney for children, representing victims of domestic violence in family court. She has served a similar role in the state of Texas, holding the role of temporary assistant attorney general for over two years in the Child Support Division of the Office of the Texas State Attorney General.
Experienced, dedicated, and effective, Attorney Kutty maintains a comprehensive personal family law practice as well, where she helps families transitioning through divorce, dealing with custody and support issues, and faced with all other family law matters. If you live in or around Sugar Land and are in need of a family law attorney, Yasmin Kutty welcomes an opportunity to meet with you, hear your story, and help you determine the best course of action.
To schedule a consultation at our Sugar Land office, please call (713) 955-7477 today. Mrs. Kutty works with families living in and around the counties of Montgomery, Brazoria, and Fort Bend.