Brown v. BrownAnnotate this Case
Mother and Father’s divorce was dissolved in 2006 by a Texas district court. In 2009, Father initiated post-dissolution child custody proceedings in the St. Charles County circuit court. A guardian ad litem (GAL) was appointed for the minor children. In 2011, the trial court entered a judgment deciding the custody and visitation rights of the parents and ordering Father to pay guardian ad litem fees, among other costs. Father appealed. In response to Father’s notice of appeal, the GAL filed a motion to secure costs on appeal seeking payment from Father or Mother so that she could draft and file an appellate brief. The trial court sustained the motion. The court of appeals affirmed on appeal. In 2012, the trial court ordered Father and Mother to each pay toward the GAL’s services rendered on appeal. Father appealed that judgment, arguing that the GAL had no legal authority to participate in the appeal from the trial court’s judgment and, if such authority did exist, the GAL’s claimed fees were not supported by substantial evidence. The Supreme Court affirmed, holding that Father was precluded from raising his claims, having failed to timely and properly pursue or preserve them.