On October 22, 2021 a
Order
was filed
involving a dispute between
Perez, Nancy Ann,
and
Perez, Lesli Nicole,
for Parent Child Relationship - Conservatorship, Access, Support
in the District Court of Montgomery County.
Preview
NO. §\— \O- \L\—\1_‘ -CV
M maREGElVfiED
£0.9W
AND FILED
E335? ,9
QC? 29T252?
IN THE INTEREST OF IN THE DISTWg aglgURDisxricf
er, Qsélrk
v
rC f
NMQLM ?zJVL 699-90 4'
3;,me 418TH JUDICIAL DISTRICT
gerargo J’MAC mammmwwmm
RECEIVED AND FILED
MINOR CHILD(REN) MONTGOMERY COUNTY, TEXAS
ORDER APPOINTING AMICUS ATTORNEY
The Court finds that under Section 107.021 of the Texas Family Code an amicus attorney
should be appointed in this case. The Court hereby appoints
Krzvrc,‘ Amszl q%L,—S3q\—S7b\ ,as
Amicus Attorney to provide legal services necessary to assist the Court in protecting the best
interest of [QM 3cm Quiz + {germao Lemme BeJéRercfithe child(ren) the subj ect of this suit.
The Court hereby ORDERS that the custodian of any relevant records relating to the
child(ren) including records regarding social services, law enforcement records, school records,
records of a probate or court proceeding, and records of a trust or account for which any child is
a beneficiary, shall provide immediate access to the records to Amicus Attorney without
requin'ng a further order or release. The Court further ORDERS that any custodian of the
child(ren) grant Amicus Attorney immediate access to the child and fully cooperate with Amicus
Attorney.
The parties and/or conservators, [OW A—ww P012» , are
ORDERED to sign any and allreleases of information relative to the child(ren) 0r the parties in
this case, as requested by Amicus Attorney, within seven days of the request.
Pursuant to Sections 107.003 and 107.005 of the Texas Family Code, Amicus_Attomey is
ORDERED t0 perform the following duties in this case With regard to the child(ren) the subject
of this suit:
1. subject to Rules 4.02, 4.03 and 4.04 of the Texas Disciplinary Rules of Professional
Conduct, and within a reasonable time after the appointment, interview:
a. the child in a developmentally appropriate manner, if the child is four years of age or
older;
b. each person who has significant knowledge of the child’s history and condition,
including any foster parent of the child; and
c. the parties to the suit;
2. seek to elicit in a developmentally appropriate manner the child’s expressed objectives of
representation;
consider the impact on the child in formulating Amicus Attorney’s presentation of the
child’s expressed objectives of representation to the Court;
investigate the facts of the case to the extent Amicus Attorney considers appropriate,
including conducting discovery;
obtain and\review copies of relevant records relating to the child as provided by Section
107.006 of the Texas Family Code;
participate in the conduct of the litigation to the same extent as an attorney for a party;
take any action consistent with the child’s interests that Amicus Attorney considers
necessary to expedite the proceedings;
encourage settlement and the use of alternative forms of dispu’te resolution;
advocate the best interests of the child after reviewing the facts and circumstances of the
case;
10. review .and sign, or decline to sign, a proposed or agreed order affecting the child;
11. become familiar with the American Bar Association’s standards of practice for attorneys
who represent children in custody cases; and
12. in a developmentally appropriate manner:
a. with the consent of the child, ensure that the child’s expressed objectives of
representation are made known to the Court;
b. explain the role of Amicus Attorney to the child; and
c. inform the child that Amicus Attorney may use information that the child provides in
providing assistance to the Court.
Amicus Attorney has all the rights and privileges as contained in Chapter 107 of the Texas
Family Code, including the rights to:
1. request clarification from the Court if the role of Amicus Attorney is ambiguous;
2. request a hearing or trial on the merits;
conduct discovery;
consent or refuse to consent to an interview of the child by another attorney;
receive a cdpy of each pleading or other paper filed with the Court in the case in which
Amicus Attorney is appointed;
receive notice of each hearing in the case;
7. partiCipate in case staffings by an authorized agency concerning the child; and
8. attend all legal proceedings in the case.
In accordance with Section 107.023 of the Texas Family Code, it is ORDERED that
A)mcM AMM ?m'z. pay an initial cost deposit
towards be Amicus amount 000.00
This
at
fees
initial
;go
to
cost
v3 _
ificurred
deposit
Vevis
shall
Cow“
by
be
the
paid
\‘Q
to the
Attorney
Amicus
1130 \
in the
Attorney, “W of $
Cx
\
Mez—
on or before
.
,
\ ,
pawgu g \
go;\ . Upon receipt of the cost deposit, the Amicus Attorney shall
deposit the cost deposit into the Amicus Attorney’s trust account pending an award of fees by the
Court.
Amicus Attorney is prohibited from disclosing confidential communications between
Amicus Attorney and the child unless Amicus Attorney determines that disclosure is necessary
to assist the Court regarding the best interests of the child.
SIGNED on Océm‘xr 93
\
909A fl
JUDGE PRESIDIN
Document Filed Date
October 28, 2021
Case Filing Date
October 22, 2021
Category
Parent Child Relationship - Conservatorship, Access, Support
For full print and download access, please subscribe at https://www.trellis.law/.