|
| | Appointment of Guardian or Attorney ad Litem |
Mandatory Appointment
A guardian ad litem must be appointed for every person who is entitled to service of citation in a modification proceeding and who is a child or is otherwise incompetent, unless the person has executed an affidavit of relinquishment of parental rights or an affidavit of waiver of interest in child that contains a waiver of service of citation.
Special rule for private termination suits.
If the suit seeks termination of the parent-child relationship, the court ordinarily must appoint a guardian ad litem for the child or children. However, the appointment need not be made if any of the following is true:
- The child is a petitioner.
- An attorney ad litem has been appointed for the child.
- The court finds that the child's interests will be represented adequately by a party to the suit and are not adverse to that party.
Special rule for suits filed by governmental entity.
In a suit filed by a governmental entity in which the entity requests termination of parental rights or to be named conservator of a child, the court is required to appoint a guardian ad litem to represent the child's best interests. The guardian ad litem must be appointed immediately after the filing of the petition but before the full adversary hearing to ensure adequate representation of the child
Permissive Appointment
In SAPCRs other than termination cases, appointment of a guardian ad litem for the child is permissive, not mandatory. The decision to appoint a guardian ad litem is within the court's discretion. Failure to appoint is not error unless an abuse of discretion is shown.
Who May Be Appointed as Guardian ad Litem.
A guardian ad litem may be an attorney, a volunteer advocate, or another adult who has sufficient competence, training, and expertise to represent the child's best interests. A child's managing conservator may be appointed guardian ad litem if he or she (1) is not the child's parent or a person petitioning for adoption of the child, and (2) has no personal interest in the suit. The child's attorney ad litem may be appointed as the child's guardian ad litem, subject to special rules.
Duties, Powers, and Rights
Duties. A guardian ad litem is required to, within a reasonable time after the appointment, interview all of the following:
|
  |
| |
|
|
