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Waiting for a custody evaluator’s report can make an ordinary school problem feel like evidence. A missed assignment, a late arrival, or a lower report-card grade may suddenly seem tied to the outcome of the custody case. A Child Custody Evaluation Report Texas court may consider is not a verdict. It is a professional’s written assessment, and one difficult semester does not decide where a child will live or how conservatorship will be ordered.
Once the evaluation is complete, the questions shift to the report itself. Texas Family Code Chapter 107 controls what the report must contain, who receives it, who may obtain the evaluator’s underlying records, and whether the report can be presented in court. Sections 153.002 and 153.134 address the court’s larger task: deciding the child’s best interest and evaluating whether a proposed parenting arrangement will support the child’s needs, development, and stability.
School records rarely tell the whole story by themselves. A child who begins missing homework after a separation may be struggling with late exchanges, forgotten materials, poor sleep, conflict between parents, or the loss of a familiar routine. The important question is not which parent can use the grades as an accusation. It is what arrangement will help the child regain consistency and succeed.
Led by Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody law, The Law Office of Bryan Fagan, PLLC helps families understand those distinctions. This page explains what a custody evaluation report may reveal about academic performance, how Texas courts consider educational stability, who may see the report, and what parents can do next. The goal is to replace uncertainty with clarity, protect the child’s future, and help the family move forward with greater peace of mind.
Key Takeaways
- What it says. Findings, opinions, recommendations and answers to the court’s specific questions, plus the basis for the conclusions and each evaluator’s name, license number and qualification statement.
- What gets filed. Section 107.113(b) requires the evaluator to file a notice that the report is complete. It does not require the report itself to be filed with the court.
- Two delivery routes. A private evaluator and an evaluator working for a domestic relations office follow different recipients and deadlines under Section 107.114.
- Records are separate. After the completion notice, the evaluator’s underlying records can be requested in writing under Section 107.112, subject to exceptions. Access is not a procedure for changing the report.
- A copy is not evidence. Disclosure to the court or jury is subject to the rules of evidence, and one statutory bar applies to certain evaluators appointed on or after January 1, 2026.
Quick Answer
What is in the report, and who receives it? Section 107.113 requires findings, opinions, recommendations, and answers to the court’s questions. The evaluator files a completion notice—not the report. Delivery rules differ for private evaluators and domestic relations offices. Receiving a copy does not place the report in evidence; disclosure to the court or jury remains subject to the rules of evidence.
The Report Rules at a Glance
Each row names the provision, what it says, and the conditions that travel with it. Private and domestic relations office rules are kept in separate rows because they differ.
| Question | Governing provision | What the statute says | Conditions or exceptions | Owner page |
|---|---|---|---|---|
| Required report contents | Family Code §107.113(a), (d); §107.108(e), (f), (h) | Findings, opinions, recommendations and answers to the court’s specific questions; the basis for conclusions and the limits on reliability; sources of verification; each evaluator’s name, license number and qualification statement | An evaluator who evaluated only one side of a contested suit may not recommend conservatorship, possession or access, but may state certain concerns | This page: contents |
| Completion notice | Family Code §107.113(b) | The evaluator files with the court, on a date set by the court, notice that the report is complete | Section 107.113(b) requires the notice to be filed, not the report itself | This page: the notice |
| Report recipients | Family Code §107.113(b) | Copies go to each party’s attorney, each party without an attorney, and each attorney ad litem, guardian ad litem and amicus attorney | Due on the earlier of the date the notice is filed or the date required under Section 107.114 | This page: copies |
| Private-evaluator delivery timing | Family Code §107.114(b) | A copy to the parties’ attorneys, any party without an attorney, and any other person appointed under Chapter 107, before the earlier of the third day after completion or the 30th day before trial | Applies unless the court has rendered an order restricting disclosure | This page: copies |
| Domestic relations office delivery timing | Family Code §107.114(c), (d) | A copy to the parties’ attorneys and any person appointed under Chapter 107, before the earlier of the seventh day after completion or the fifth day before trial | A copy goes to a party as the office’s local rules and policies or a court order provide | This page: copies |
| Underlying-record access | Family Code §107.112(c), (d), (e), (i) | After completion and the completion notice, records on written request of a party’s attorney, a party without an attorney, or a person appointed under Chapter 107 | Private evaluators: within a reasonable time; domestic relations offices: under local rules and policies. Excludes records obtained from the Department or certain other entities; a court order may restrict disclosure; a reasonable fee may apply; Social Security numbers and children’s birth dates are redacted | This page: records |
| Evidentiary disclosure and admission | Family Code §107.114(a), (a-1) | Disclosure of the report’s contents to the court or jury is subject to the rules of evidence | The report may not be admitted if the child has an intellectual or developmental disability and the evaluator lacked the required training on the date the evaluation was made; applies only where the evaluator was appointed on or after January 1, 2026, and not to a Section 107.106 appointment | This page: in court |
| Incomplete evaluation elements | Family Code §107.109(a), (b) | The report must identify any element not completed, explain why, and explain the likely effect on the evaluator’s confidence | No opinion on conservatorship, possession or access unless each element is completed or the failure is satisfactorily explained | This page: incomplete elements |
| Settlement before completion | Family Code §107.113(c) | No report is required if the suit settles before the report is completed | Applies only if the settlement comes before completion | This page: settlement |
What Must a Texas Child Custody Evaluation Report Contain?
A Child Custody Evaluation Report Texas courts receive must contain the evaluator’s findings, opinions, recommendations, and answers to the specific questions asked by the court. Texas Family Code §107.113(a) establishes these core requirements.
The report must do more than announce a conclusion. Under Texas Family Code §107.108, the evaluator must, to the extent possible, verify each relevant factual statement and identify the sources of the information. The evaluator must also explain the basis for each conclusion or recommendation and disclose whether limited or incomplete information affects the reliability or validity of the opinion.
For example, a report might connect a child’s missed assignments to late exchanges, forgotten school materials, or inconsistent routines. The evaluator should identify the school records, interviews, communications, or other information supporting that conclusion instead of relying on an unverified statement from one parent.
The report must also identify every evaluator who completed any part of the evaluation. It must provide each evaluator’s name and license number, along with a statement confirming that the evaluator meets the qualifications under §107.104 or was appointed under §107.106. This information helps the parties and the court understand who performed the work and whether more than one professional contributed to the final opinions.
A significant restriction applies when an evaluator examines only one side of a contested case. That evaluator may not recommend how the court should decide conservatorship, possession, or access. The evaluator may still identify concerns involving the child’s safety, the parent’s parenting ability, the parent-child relationship, or the parent’s mental health.
After receiving the report, compare its statements with the cited records and the court’s appointment order. Look for incorrect dates, missing information, unsupported assumptions, or conclusions outside the evaluator’s assigned scope. Parents may also review these practical methods for working with a child custody evaluator and discuss any concerns with counsel before the applicable hearing or trial deadline.
When Is the Report Complete, and What Gets Filed?
The evaluator files a notice that the report is complete, on a date set by the court. Section 107.113(b) requires that notice. It does not require the report itself to be filed with the court.
The notice matters because other rules key off it. Copies are due on the earlier of the date the notice is filed or the date required under Section 107.114, and access to the evaluator’s underlying records opens only after completion and the filing of that notice.
Five separate events
Filing the completion notice, providing copies, obtaining records, disclosing the report in court, and admitting it into evidence are different events with different rules. Receiving a copy does not mean the report has been admitted.
Who Receives a Copy, and When?
Section 107.113(b) lists the recipients: each party’s attorney, each party without an attorney, and each attorney ad litem, guardian ad litem and amicus attorney appointed in the suit. The timing depends on who conducted the evaluation, and Section 107.114 sets two different routes.
Private evaluator. Unless the court has rendered an order restricting disclosure, a private evaluator must provide a copy to the parties’ attorneys, any party without an attorney, and any other person the court appointed under Chapter 107, before the earlier of the third day after the report is completed or the 30th day before trial begins.
Domestic relations office evaluator. An evaluator who works for or contracts with a domestic relations office must provide a copy to the parties’ attorneys and any person appointed under Chapter 107 before the earlier of the seventh day after the report is completed or the fifth day before trial begins. That evaluator provides a copy to a party as the office’s local rules and policies or a court order provide.
Domestic relations offices also work under their own local rules and policies, so a timetable or review procedure used by one county’s office may not match another’s. The office’s local rules and the court’s orders control.
If you are unsure which route applies to your evaluation, the appointment documents and your attorney can confirm whether the evaluator is private or working through a domestic relations office.
Can a Parent Obtain the Evaluator’s Underlying Records?
Yes. The Child Custody Evaluation Report Texas process allows an eligible parent or attorney to request the evaluator’s underlying records in writing after the evaluation is complete and the evaluator has filed the completion notice required by §107.113(b). Access remains subject to statutory exclusions and any court order restricting disclosure.
Under Texas Family Code §107.112, a private evaluator must make the records available within a reasonable time when requested by a party’s attorney, a self-represented party, or a person appointed under Chapter 107. When an employee or contractor of a domestic relations office conducted the evaluation, the office’s local rules and policies govern how the records are produced. statutes.capitol.texas.gov
Not every document in the evaluator’s file must be released. Records obtained from the Department of Family and Protective Services under §107.111 or from an entity covered by §107.1111 are excluded from ordinary disclosure. A court order may impose additional restrictions, and the person producing the records may require payment of a reasonable production fee.
The evaluator must remove Social Security numbers and children’s birth dates before producing the records. Audiovisual recordings of child interviews receive additional protection: after the case ends, those recordings may be released only by court order for good cause. Receiving records also does not authorize a parent to distribute sensitive information freely to relatives, teachers, social media users, or other nonparties.
Access provides a way to examine the factual foundation of the evaluation, not a procedure for forcing the evaluator to change an opinion. A parent may compare interview notes, correspondence, questionnaires, and reviewed records with the completed report and identify objective errors or missing information. Understanding the key factors considered in Texas custody evaluations can help a parent determine which materials may matter.
In straightforward situations, counsel may only need to confirm that the report accurately reflects the underlying records. In more complex cases involving disputed statements, psychological testing, family violence, or incomplete school records, the appointment order and applicable deadlines should be reviewed before requesting additional relief or preparing an evidentiary challenge.
When Can the Report Be Disclosed or Admitted in Court?
Disclosure of the report’s contents to the court or jury is subject to the rules of evidence. That is the rule in Section 107.114(a). A copy in hand is not the same as a report in evidence.
A more specific bar was added in 2025. Under Section 107.114(a-1), the court may not admit the report if the child who is the subject of the report has an intellectual or developmental disability and, on the date the evaluation was made, the evaluator had not completed the training required by Section 107.104(f): at least three hours, within the two years before the evaluation, related to the care of a child with an intellectual or developmental disability. The bar does not apply to an evaluator appointed under Section 107.106.
Two dates matter here, and they are not the same. Under House Bill 2340, the bar applies only to an evaluation conducted by an evaluator appointed by a court on or after January 1, 2026. Within that rule, the training question is measured on the date the evaluation that is the subject of the report was made.
How a court weighs a report it does receive is a separate subject; see what a court weighs in the evidence.
What If an Element Was Not Completed?
The report must say so, explain why, and explain the likely effect. Under Section 107.109, the evaluator must identify any basic or additional element that was not completed, explain the reasons, and include an explanation of the likely effect of the missing element on the evaluator’s confidence in the opinion.
The consequence is written into the statute: an evaluator may not offer an opinion on conservatorship, possession or access unless each basic element and each ordered additional element has been completed, or the failure is satisfactorily explained. Which elements an evaluation includes is covered in our guide to how a Texas child custody evaluation works.
A Texas appellate decision illustrates why the particular omission and the evaluator’s explanation matter. In In re Marriage of Lynch, a party argued that a court-appointed evaluator had failed to complete interviews and obtain several categories of records and collateral information. The court examined the disputed elements individually and found no abuse of discretion in admitting the evaluator’s testimony on that record. It also held that the complaint about the thoroughness of the evaluator’s follow-up with collateral sources went to weight rather than admissibility. The opinion does not establish that every missing element is harmless or that every incomplete evaluation may be admitted.
What If the Case Settles First?
For parents researching a Child Custody Evaluation Report Texas courts may consider, the rule is straightforward: if the custody case settles before the evaluator completes the report, Texas law does not require the report to be finished. Texas Family Code §107.113(c) makes the timing important—the settlement must occur before completion of the report. statutes.capitol.texas.gov
A settlement does not erase the work already performed or automatically resolve questions about fees, records, or sensitive information gathered during the evaluation. Those issues may depend on the appointment order, the settlement terms, applicable court orders, and the evaluator’s record-retention duties. Before finalizing an agreement, parents should confirm whether the evaluator has completed the report, filed the completion notice, or incurred unpaid fees.
Parents should also consider how the proposed parenting plan addresses issues uncovered during the evaluation. Concerns involving school routines, transportation, counseling, or communication between households may still require practical solutions even when the parents avoid trial. Understanding how a child custody evaluator interacts with a child can help parents keep the child’s emotional needs at the center of those decisions.
Where Do Challenges to the Report Fit?
Challenging a custody evaluation is a separate issue from understanding what the report must contain and how it is delivered. A challenge may examine the evaluator’s qualifications, methodology, compliance with the appointment order, factual foundation, omitted information, or the reliability of a recommendation. Disagreeing with the outcome alone does not establish that the evaluation was defective.
In straightforward situations, a parent may only need to identify an objective error or provide a missing record. In more complex cases involving family violence, disputed interviews, psychological testing, special education needs, or incomplete school records, counsel may need to evaluate expert qualifications, underlying data, evidentiary objections, and possible cross-examination.
A court-ordered mental examination under Texas Rule of Civil Procedure 204.4 is not automatically a Chapter 107 child custody evaluation. Texas Family Code §107.1025 provides that the examination does not, by itself, satisfy the requirements for a custody evaluation, although an evaluator may include and rely on it when appropriate. Parents can learn more about court-ordered psychological examinations in custody cases.
Legal Resources
Legal research note: This page was checked against Texas Family Code Sections 107.104(f), 107.106, 107.108, 107.109, 107.112, 107.113 and 107.114, and House Bill 2340 (2025). The authorities were last checked on September 25, 2026.
- Texas Family Code Chapter 107 — the official compilation published by the Texas Legislature, including every section cited on this page. Official text.
- Texas Family Code §107.113 — report required; completion notice; recipients; settlement before completion; evaluator information. A readable reproduction, not the Legislature’s official text.
- Texas Family Code §107.114 — disclosure subject to the rules of evidence; the Subsection (a-1) admission bar; private and domestic relations office delivery. A readable reproduction.
- Texas Family Code §107.112 — communications, recordkeeping, and access to the evaluator’s records. A readable reproduction.
- Texas Family Code §107.108 — verification, basis and limits, the one-sided limitation, and evaluator information in the report. A readable reproduction.
- Texas Family Code §107.109 — elements of an evaluation and what the report must say about uncompleted elements. A readable reproduction.
- Texas Family Code §107.104 — evaluator qualifications, including the Subsection (f) disability-related training requirement. A readable reproduction.
- Texas Family Code §107.106 — the exception allowing appointment of an otherwise qualified individual in certain counties. A readable reproduction.
- House Bill 2340, 89th Legislature (2025) — Section 5 applies Sections 107.104(f) and 107.114(a-1) only to evaluators appointed on or after January 1, 2026. Senate committee printing; the codified text matches.
- In re Marriage of Lynch, No. 06-23-00001-CV (Tex. App.—Texarkana Dec. 20, 2023, mem. op.) — applied §107.109 to disputed evaluation elements and held, on that record, that the trial court did not abuse its discretion by admitting the evaluator’s testimony; limits stated in the article.
Meet Kimberly P. Washington
Attorney Routing
Kimberly P. Washington
Senior Managing Attorney
Kimberly Washington has been with the Law Office of Bryan Fagan, PLLC since 2015 and provides senior legal leadership in Texas family-law matters, including divorce, child custody, and mediation. Knowing when the completion notice was filed tells you when copies and records should become available.
Licensed by the State Bar of Texas since 2008 · Juris Doctor, Thurgood Marshall School of Law
Conclusion:
A custody evaluation report can organize information, identify concerns, and recommend a path forward, but it cannot make the court’s decision. If you are dealing with a Child Custody Evaluation Report Texas court will review, understanding what the evaluator found, what may be missing, and how the child’s school experience fits within the best-interest analysis can help you respond with purpose instead of fear.
In straightforward situations, a parent may need a focused review of the report, its deadlines, its disclosure limits, or a parenting plan that protects the child’s school routine. In more complex cases, allegations of abuse, family violence, disability, mental-health concerns, disputed testing, missing records, expert testimony, or a serious academic decline may call for an attorney experienced in contested custody litigation. If your case involves several of these issues, choosing counsel with the right level of courtroom and expert-evidence experience can matter as much as acting promptly.
The Law Office of Bryan Fagan, PLLC helps families identify that level of support and turn complicated information into a practical strategy. If you want clarity about the report, the educational concerns surrounding your child, or the next court deadline, call 281-810-9760 or schedule a free consultation. The goal is not to create more conflict; it is to help you regain control, protect your child’s future, and move ahead with greater peace of mind.
About the Author
Bryan Fagan
Founder, Law Office of Bryan Fagan, PLLC
Texas Divorce & Family Law Attorney · Licensed in Texas Since 2012
Bryan Fagan founded the Law Office of Bryan Fagan, PLLC in 2012. His work includes Texas family-law strategy, firmwide leadership, team-based case planning, and client education designed to help families understand their legal options and make informed decisions.
Juris Doctor, South Texas College of Law, 2011 · Licensed by the State Bar of Texas May 4, 2012 · Bar No. 24080889
About the Law Office of Bryan Fagan, PLLC
The Law Office of Bryan Fagan, PLLC helps Texas families understand and navigate family-law issues involving divorce, child custody, possession and access, and related matters. Founded by Bryan Fagan in 2012, the firm combines legal representation with education designed to give families clearer information about their options and the decisions ahead.
This page provides general information about child custody evaluation reports in Texas. It is not legal advice, and reading it does not create an attorney-client relationship. Who receives a report, when, and whether it may be admitted depend on how the evaluator was appointed, the court’s orders, and the facts of the individual case.
Frequently Asked Questions
Not under Section 107.113(b), which requires the evaluator to file a notice that the report is complete, on a date set by the court. That section does not require the report itself to be filed with the court. Copies go to the people the statute lists, on the earlier of the notice date or the Section 107.114 date.
Section 107.113(b) lists each party’s attorney, each party without an attorney, and each attorney ad litem, guardian ad litem and amicus attorney. For an evaluation through a domestic relations office, Section 107.114(d) provides that a party receives a copy as the office’s local rules and policies or a court order provide.
It depends on who conducted the evaluation. Unless the court has restricted disclosure, a private evaluator must provide it before the earlier of the third day after completion or the 30th day before trial, under Section 107.114(b). An evaluator working through a domestic relations office follows a different deadline: the earlier of the seventh day after completion or the fifth day before trial.
Yes, on written request after the evaluation is complete and the completion notice is filed, under Section 107.112, subject to exceptions for records obtained from the Department or certain other entities, any court order restricting disclosure, and a reasonable fee. Access does not create a procedure for amending the report.
No. Receiving a copy does not make it evidence. Under Section 107.114(a), disclosure of the report’s contents to the court or jury is subject to the rules of evidence. For evaluators appointed on or after January 1, 2026, Section 107.114(a-1) also bars admission in one situation involving a child with a disability and missing evaluator training.
Section 107.109(b) requires the report to identify the missing element, explain why it was not completed, and explain its likely effect on the evaluator’s confidence. Unless each element is completed or the failure is satisfactorily explained, Section 107.109(a) bars the evaluator from offering an opinion on conservatorship, possession or access.
