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Discretionary appointment of counsel

Texas , Court Rule or Initiative , Custody Disputes - Parents

Tex. R. Civ. P. 308a permits the court to appoint an attorney to represent a person claiming violation of an order for access to the child. Notably, Rule 308a does not provide for paying these appointed attorneys “[e]xcept by order of the court” and then any fee shall only “be adjudged against the party who violated” the possession order in question.

Appointment of Counsel: Discretionary
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
© 2003-2024 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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