This motion may be used by an attorney appointed to serve in the dual role, under Tex. Fam. Code § 107.0125, in a suit filed by a governmental entity. (An appointment of an attorney ad litem in such a suit is an appointment to serve in the dual role, regardless of the terminology used in the appointing order, unless the court appoints another person as guardian ad litem. Tex. Fam. Code § 107.0125(d).)
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
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See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Withdraw as Guardian Ad Litem
This Motion to Withdraw as Guardian Ad Litem is brought by [name of movant], who shows in support:
[Name of movant] was appointed by the Court as Attorney Ad Litem and Guardian Ad Litem for [name[s] of child[ren]], [a/the] child[ren] the subject of this suit.
[Name of movant] requests the Court to permit [him/her], in accordance with section 107.0125(c) of the Texas Family Code, to withdraw as Guardian Ad Litem and continue to serve as the child[ren]’s Attorney Ad Litem. [Name of movant] further requests that the Court appoint a new Guardian Ad Litem for the child[ren].
[Name of movant] prays that the Court grant this Motion to Withdraw as Guardian Ad Litem.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]