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In this article, you will discover:
A child custody evaluation is a formal assessment conducted by a mental health professional, such as a psychologist or social worker, to determine the best custody arrangement for your child in cases of divorce or separation. The evaluation includes recommendations about conservatorship, possession and access to your child.
The goal of a custody evaluation is to:
A motion and hearing to request a child custody evaluation is usually needed if there is no agreement between the parents.
The Texas Family Code defines the qualifications for a custody evaluator. The evaluator must have…
Additional hours of field study and experience under supervision are also required.
Evaluators consider the mental health, life history, criminal history and Child Protective Services (CPS) history of you and the other parent. They will also consider your relationship with your child.
The evaluator should also assess the day-to-day life in each parent’s home, your respective residences and your child’s time spent there.
The process includes interviews and questionnaires that allow the evaluator to understand the background and current circumstances of your family.
There will be a criminal history check and a review of any child abuse records held by the state. Evaluators will discuss these findings with you, the other parent, and other family members.
The evaluator will also observe you and your child together in normal daily activities, usually in the home. The evaluator should visit the home with both you and your child present, along with any other home residents.
Your attorney will explain the process and guide you through it. They may also help you gather necessary documents or evidence for the evaluator and ensure the evaluator is fair and unbiased.
Your attorney will also review the final report and explain the findings and recommendations to you. They can challenge any unfavorable findings and advocate in court for you and your desired outcome.
In most cases, the child custody evaluation is critical to a custody determination. If the court orders the evaluation, it is safe to assume the court will put great weight on its recommendations and findings.
Courts generally follow the evaluator’s recommendations unless there is evidence showing a lack of qualifications or a bias in favor of one parent by the evaluator.
Still Have Questions? Ready To Get Started?
For more information on requesting a child custody evaluation in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.