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Given an agreement & final decree, can an Amicus Attorney prevent the decree from being finalized in court if yes on what basis?

Houston, TX |

My Ex and I had come to an agreement 3 months ago, our lawyers had written up the decree based on the agreement and we both agreed to the content of the decree. Now we are waiting on the Amicus attorney to review and approve. Can the Amicus attorney reject the decree? Can the amicus prevent it from being finalized in court? If yes on what basis? What aspects of the decree does the amicus have power over or jurisdiction? Only where the children are related? Is there a way to bypass their objection and present it to the judge regardless or override their objections?

Attorney Answers 2

Posted

If you have a lawyer, you should ask them these questions. I don't know anything about your case other than what you have written here.

An Amicus doesn't decide whether a divorce will be granted: the Judge does. Normally in this situation I would set a hearing for the Judge to finalize the divorce, and let the Amicus say what they will.

This information is not legal advice and does not form an attorney-client relationship.

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2 lawyers agree

Posted

An Amicus Attorney's role is only to advise the court as to the best interest of the children. They do not represent the children or a party and only serve to investigate for the courts in Harris County. If the Amicus won't sign off, your attorneys should and will just set it for entry and let the Amicus try and explain to the court why they have dragged their feet in signing off on the decree when everyone else has agreed. There is good chance that Amicus won't get anymore appointments from that judge unless they have some extremely compelling reason they have not signed off on it. Your attorney is the person to contact and tell them you want the case finalized.

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