Texas House Bill HB2353

Texas 2025 - 89th Regular

• Filed: 2/3/25

Caption

Relating to compensation for an attorney ad litem appointed in a suit affecting the parent-child relationship filed by a governmental entity.

Impact

With the passing of HB 2353, the legal representation for children and parents in custody cases will experience a more regulated fee structure. Particularly in counties with populations over three million, the court is required to set a minimum hourly rate of $250 for these attorneys' services. This change aims to ensure that the financial burden on the parents is balanced against the need to provide quality legal representation to the parties involved in these sensitive matters.

Summary

House Bill 2353 focuses on the compensation framework for attorneys ad litem appointed in cases concerning the parent-child relationship initiated by governmental entities. The bill amends Section 107.015 of the Family Code to establish that attorneys in these roles are entitled to reasonable fees and expenses, which must be determined by the court. It expressly stipulates that the fees can be charged to the parents unless they are deemed indigent, in which case compensation will come from the county’s general funds.

Contention

The bill may face contention regarding its implications for families with lower income levels. Critics could express concern that while the intention is to guarantee fair pay for legal representation in complicated custody cases, the cost structure may still pose challenges for indigent parents who might struggle with any associated expenses. Furthermore, the stipulation that the parents bear the attorney costs unless proven indigent could lead to debates on fairness and accessibility of legal support for all families involved in such proceedings.