Texas Family Code 61.053 – Attorney for the Person
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(a) In a proceeding on a motion for enforcement where incarceration is a possible punishment against a person who is not represented by an attorney, the court shall inform the person of the right to be represented by an attorney and, if the person is indigent, of the right to the appointment of an attorney.
(b) If the person claims indigency and requests the appointment of an attorney, the juvenile court may require the person to file an affidavit of indigency. The court may hear evidence to determine the issue of indigency.
Terms Used In Texas Family Code 61.053
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(c) The court shall appoint an attorney to represent the person if the court determines that the person is indigent.
(d) The court shall allow an appointed or retained attorney at least 10 days after the date of the attorney’s appointment or retention to respond to the movant’s pleadings and to prepare for the hearing. The attorney may waive the preparation time or agree to a shorter period for preparation.