What Is an Amicus Attorney—and How Can They Affect Your Custody Case?

If you’re in the middle of a Texas custody case, you might hear something new come up: an amicus attorney has been appointed. If your first reaction is, “Wait… what’s that?!”—don’t worry. You’re not alone. This is one of the most common questions we get from our clients.

In simple terms, an Amicus Attorney is someone the court appoints to help make sure the custody outcome serves your child’s best interests—and not just what either parent wants. They aren’t your attorney, they aren’t your child’s personal attorney, and they aren’t the other parent’s attorney either. Their role is to give the court a neutral, fact-based view of what is truly best for your child.

Let’s break it down:

What Does an Amicus Attorney Actually Do?

An Amicus Attorney acts as the “friend of the court”—their entire focus is making sure the judge gets accurate information about your child’s situation so the court can make the best possible decision.

Here’s what they might do during your case:

• Investigate your child’s life - They look at your child’s home life, relationships with both parents, school experience, health needs, and more.

  
  

• Talk to your child (when appropriate) - They may interview your child to hear their wishes or concerns—and anything your child says to them is kept confidential.

  
  

• Assess each parent - They observe interactions, parenting styles, stability, and the ability of each parent to meet the child’s needs.

  
  

• Interview important people - Teachers, doctors, therapists, babysitters—if someone knows your child well, the amicus may speak to them too.

  
  

• Make a recommendation to the judge - The amicus will share their findings and suggest a custody arrangement they believe is in your child’s best interest.

  
  

• Participate in court - If your case goes to trial, they will attend and advocate for what they believe serves the child’s welfare—not “taking sides” with either parent.

When Might an Amicus Attorney Be Appointed?

Not every case involves an amicus attorney. The court is more likely to appoint one if:

• There are allegations of abuse, neglect, or domestic violence

• One or both parents have substance abuse or mental health concerns

• There is a lot of conflict between parents and the child is caught in the middle

• The judge feels an independent voice would help clarify what’s best for the child

Sometimes, a parent (through their attorney) may also request that an amicus be appointed when it could benefit the case.

How Can You Work Effectively with an Amicus Attorney?

If an amicus attorney is appointed, it’s important to work with them cooperatively and stay focused on what’s best for your child 💛.

Here are some helpful things to share:

• Your child’s daily routine, needs, and preferences

• How you meet your child’s physical and emotional needs

• Your involvement in school, healthcare, activities, and parenting

• Any concerns about the other parent, supported by facts and documentation

• Witnesses who know your child well—teachers, therapists, caregivers

IMPORTANT NOTE: An amicus attorney is not your attorney, so there is no attorney-client privilege. If you’re represented by an attorney (which we strongly recommend in contested custody cases!), always check with your attorney first before sharing sensitive information with the amicus.

Why Does It Matter?

Judges rely heavily on what the amicus attorney reports—especially when the case is complex or highly emotional. Having an amicus involved can bring a neutral voice into the process and help the court see the bigger picture of your child’s needs.

For parents, this means: 

• Stay honest 

• Stay child-focused 

• Work closely with your attorney to navigate the process effectively

We’re Here to Help!

At Sims & Purzer, Attorneys at Law, we’ve helped hundreds of parents successfully navigate custody cases with amicus attorneys involved. We understand how these cases work—and we know how to help you work WITH the amicus, not against them.

Our goal? To help you protect your child’s well-being, preserve your parent-child bond, and present your strongest case to the court—while keeping the process as smooth as possible.

If you’re facing a custody case (or if an amicus attorney has been appointed and you aren’t sure what to do next), reach out to us today. We’d be honored to help guide you through it—one step at a time.