What Is a Child Custody Evaluation?

A child custody evaluation is one of the most comprehensive investigations that can occur in a Texas family law case. Unlike a temporary orders hearing, where the judge may hear only a few hours of testimony, a custody evaluation allows a qualified mental health professional to spend weeks or months gathering information about the family before making recommendations to the court.

​

A custody evaluation is not ordered in every case. In fact, most divorces and custody disputes are resolved without one. They are generally reserved for highly contested cases involving disputes over conservatorship, possession, allegations of abuse, family violence, parental fitness, relocation, substance abuse, mental health concerns, or other issues affecting the child’s best interests.

​

Child custody evaluations are governed by Subchapter D of Chapter 107 of the Texas Family Code.

​

The Court Decides Whether an Evaluation Is Necessary

A child custody evaluation is not automatically required simply because one parent requests it.

​

Under Texas Family Code § 107.103, the court may order a child custody evaluation after notice and hearing or upon agreement of the parties. The court’s order must identify the evaluator, state the purpose of the evaluation, identify the required statutory elements, and specify any additional questions or issues the evaluator should address.

​

Because custody evaluations are expensive and time-consuming, judges generally order them only when they believe the evaluation will assist the court in resolving disputed issues.

​

Custody Evaluators Must Meet Strict Qualification Requirements

Texas law imposes detailed qualifications on individuals who conduct child custody evaluations.

​

Under Texas Family Code §§ 107.104 and 107.105, custody evaluators generally must possess advanced education in a human services field, hold an appropriate Texas professional license, satisfy experience requirements, and demonstrate specialized training in child custody evaluations. The trial court has an independent duty to determine that the evaluator satisfies the statutory qualifications before the appointment is made.

​

These requirements exist because custody evaluations frequently influence some of the most important decisions a court will make regarding children.

​

The Evaluation Process Is Extensive

Many parents are surprised by how comprehensive a custody evaluation can be.

​

Depending upon the issues identified by the court, the evaluator may interview each parent individually, interview the children in a developmentally appropriate manner, observe each parent interacting with the children, review school records, medical records, counseling records, photographs, text messages, police reports, CPS records, and other documents relevant to the child’s welfare.

​

The evaluator may also speak with teachers, counselors, physicians, relatives, childcare providers, or other individuals who have significant knowledge concerning the family.

​

The purpose is to obtain information from multiple sources rather than relying exclusively upon the statements of either parent.

​

The Family Code Strictly Regulates the Evaluation

Texas has one of the most detailed statutory schemes governing child custody evaluations.

​

Texas Family Code § 107.109 specifies the required elements of a custody evaluation. Before an evaluator may offer an opinion regarding conservatorship or possession, the evaluator generally must complete each of the required statutory components unless the omission is explained in the report together with the effect that omission may have on the evaluator’s conclusions.

​

Among other requirements, the evaluator generally interviews each parent, interviews children who are at least four years old in an age-appropriate manner, observes each child with each parent, reviews relevant records, and evaluates the relationship between the child and each parent seeking conservatorship or possession. The evaluator must also explain any required element that was not completed and how that omission affects the reliability of the recommendations.

​

These statutory requirements are intended to produce a balanced and thorough evaluation rather than a limited investigation based upon only one parent’s allegations.

​

The Court May Limit or Expand the Scope of the Evaluation

Not every custody evaluation addresses every possible issue.

​

The judge may tailor the evaluation to the particular dispute before the court. For example, the court may request an evaluation concerning relocation, allegations of family violence, parental decision-making, substance abuse, mental health concerns, or another specific issue affecting the child’s best interests.

​

Likewise, Section 107.109(d) authorizes the court to require additional components beyond the statutory minimum, including home observations, interviews with other household members, psychometric testing where appropriate, or other tasks specifically identified in the appointment order.

Because every family presents different issues, the scope of the evaluation frequently differs from case to case.

​

A Custody Evaluation May Include a Home Study

Parents often associate home studies with adoption proceedings, but custody evaluators may also evaluate each parent’s residence as part of a contested custody case.

​

The evaluator may observe the physical condition of the home, sleeping arrangements, safety concerns, interactions among household members, and the overall environment in which the child resides.

​

A home study is not intended to determine whether one parent owns the larger or more expensive house. Instead, the focus remains on whether the home provides a safe, stable, and appropriate environment for the child.

​

The Evaluator Does Not Decide Custody

One of the most common misconceptions is that the custody evaluator determines where the child will live.

​

The evaluator does not decide the case.

​

The evaluator is an expert witness who provides opinions and recommendations to assist the court. Those recommendations may be persuasive, particularly when supported by a thorough investigation and sound methodology, but the evaluator’s report is not binding on the judge.

​

The trial judge remains the ultimate decision-maker regarding conservatorship, possession, and access after considering all of the evidence presented at trial.

​

The Evaluation Can Be Challenged

Although custody evaluators are experienced professionals, their opinions are subject to the same scrutiny as other expert witnesses.

The parties may conduct discovery, review the evaluator’s file, depose the evaluator, challenge the factual assumptions underlying the report, cross-examine the evaluator at trial, and present competing evidence or expert testimony.

​

A custody evaluation is an important piece of evidence, but it is not the only evidence the court considers.

​

Recent Texas Cases Continue to Recognize the Court’s Independent Role

Recent Texas appellate decisions continue to emphasize that custody evaluations are intended to assist the trial court—not replace the court’s independent judgment. A trial judge must consider the evaluation together with all of the other admissible evidence presented in the case, and the judge remains responsible for determining the child’s best interests under the Texas Family Code. The evaluator’s report is therefore influential, but it is never dispositive of the issues before the court.

​

Fergus & Tomanka Represents Clients in Custody Evaluation Cases

A child custody evaluation often becomes one of the most significant pieces of evidence in a contested custody case. Proper preparation before the evaluation, understanding the statutory requirements, and carefully reviewing the evaluator’s methodology are essential to protecting your rights and presenting your case effectively.

​

At Fergus & Tomanka, we regularly represent parents involved in custody evaluations throughout Central Texas. We prepare clients for the evaluation process, work with qualified experts when appropriate, review evaluation reports for compliance with Chapter 107 of the Texas Family Code, and present or challenge expert testimony at trial when necessary.