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Ever notice how kids can remember every snack in the pantry but somehow forget the homework folder sitting right in front of them? During a divorce or custody dispute, those ordinary school-day struggles can become much heavier. Missed assignments, late arrivals, emotional outbursts, falling grades, and tense exchanges between parents may all tell a larger story about what a child is experiencing. If you are wondering, What Questions Does a Child Custody Evaluator Ask in Texas, the real answer often begins with this: evaluators are trying to understand the child’s daily life, emotional stability, and whether each parent can support the child’s best interests.
At The Law Office of Bryan Fagan, PLLC, our Houston-based family law team helps Texas parents make sense of that process with clarity and compassion. Led by Bryan Joseph Fagan, a South Texas College of Law graduate and recognized authority on Texas divorce and custody law, our firm believes families deserve more than legal paperwork. They deserve education, strategy, and peace of mind during one of life’s hardest transitions. Under Texas Family Code §153.002, the best interest of the child is the court’s primary concern, and school stability can play an important role in that analysis.
In this article, you will learn what custody evaluators may ask about parenting routines, school performance, co-parenting, safety, counseling, household members, and the child’s emotional needs. More importantly, you will see how those questions connect to the bigger goal: protecting what matters most while helping your family move forward with confidence.
Key Takeaways
- Subjects, not a script. Section 107.109 lists what the evaluation must include; it does not prescribe interview questions.
- Interviews are required. Each party is interviewed, and each child at least four is interviewed outside each parent’s presence.
- Records count too. Relevant school, health and agency records and criminal history information are part of the required elements.
- The order matters. The court can add elements and specific questions, and the report must include answers to those questions.
- No rehearsed answers. This page explains what the law requires the evaluator to cover; it does not script what to say.
Quick Answer
The required elements in Chapter 107 tell a custody evaluator what to cover, not which questions to ask. They call for an interview of each party, age-appropriate interviews of each child at least four, observations of each child with each party, relevant records, criminal-history checks and an assessment of each parent-child relationship. The court’s order can add elements and specific questions.
What the Evaluator Must Cover at a Glance
Each row is one subject the statute requires or allows. Rows 1 through 7 are basic elements. The final rows cover additional elements and the court’s specific questions. Most additional elements appear when ordered by the court; psychometric testing is a special case because Section 107.110 also permits it when the evaluator determines it is necessary.
| What the evaluator must cover | Who or what | Authority | Notes |
|---|---|---|---|
| Personal interview | Each party seeking conservatorship, possession or access | §107.109(c)(1) | Basic element |
| Child interviews | Each child in the suit who is at least four, in a developmentally appropriate manner, during each party’s possession but outside that party’s presence | §107.109(c)(2) | Basic element |
| Observation with each party | Each child in the suit, regardless of age, in the presence of each party | §107.109(c)(3) | Unless a court order prohibits contact, or the evaluator states good cause in writing to the parties before the evaluation is completed |
| Other children in the home | Observation of a child not in the suit who lives full-time in a residence being evaluated, and an interview if that child is at least four | §107.109(c)(4) | Basic element |
| Collateral sources | Relevant school records, relevant physical and mental health records, relevant agency records, criminal history information and other collateral sources | §§107.109(c)(5), 107.111, 107.1111 | The statute qualifies several record types as “relevant” |
| Residents’ history | Criminal history and any agency or law-enforcement contact about abuse or neglect, for each person living in a residence being evaluated | §107.109(c)(6) | Basic element |
| Relationship assessment | The relationship between each child in the suit and each party seeking possession or access | §107.109(c)(7) | Basic element |
| Additional elements | Such as balanced interviews and observations, a residence evaluation, psychometric testing if necessary, or a joint interview of the parties | §§107.103(c)(4), 107.109(d) | Court-ordered, except that psychometric testing may also occur when the evaluator determines it is necessary under §107.110 |
| The court’s specific questions | The specific issues or questions the appointment order lists | §§107.103(c)(5), 107.113(a) | The report must include answers to them |
What Questions Does a Child Custody Evaluator Ask in Texas? What Chapter 107 Requires
Texas law does not give custody evaluators a word-for-word interview script. Instead, Chapter 107 tells evaluators what subjects they must cover before offering an opinion about conservatorship, possession, or access. That is why the better question is not only What Questions Does a Child Custody Evaluator Ask in Texas, but what topics the evaluator must legally investigate before making recommendations that may affect a child’s future.
Subchapter D of Texas Family Code Chapter 107 governs court-ordered child custody evaluations. Under Texas Family Code §107.109(a), a custody evaluator generally may not give an opinion about conservatorship, possession, or access unless the required basic elements have been completed, along with any additional elements ordered by the court. If something was not completed, the evaluator must explain the gap and how it affects confidence in the evaluator’s opinion.
In practical terms, a Texas custody evaluator may ask about parenting history, daily routines, school stability, medical care, discipline, co-parenting, safety concerns, and each parent’s relationship with the child. The evaluator may also ask about teachers, counselors, doctors, relatives, or other people who know the family because Texas Family Code §107.108(e) requires the evaluator, when possible, to verify important facts and identify the sources used in the report.
Evaluator qualifications also matter. A parent reading about child custody evaluator qualifications in Texas should understand that the evaluator’s questions should connect to the evaluator’s professional role, licensing standards, and the court’s appointment order. In straightforward evaluations, the questions may focus on schedules, school records, and co-parenting; in more complex cases, they may involve mental health, substance use, family violence, DFPS history, or a child’s emotional and academic struggles.
Who Does the Evaluator Interview?
Each party, each child at least four, and in some cases other people in the home. Section 107.109(c)(1) calls for a personal interview of each party seeking conservatorship, possession or access. Section 107.109(c)(2) calls for interviews of each child in the suit who is at least four years old, conducted in a developmentally appropriate manner, during a period of possession of each party but outside that party’s presence.
Section 107.109(c)(4) adds an observation, and an interview if the child is at least four, of any child who is not part of the suit but lives full-time in a residence being evaluated. If the court orders it, Section 107.109(d)(2) extends interviews to each individual living full-time or part-time in a residence being evaluated, and Section 107.109(d)(7)(A) allows a joint interview of the parties.
Language is part of the appointment. When a party does not speak English as a primary language, Section 107.103(e) requires the court to ensure that the evaluator can communicate effectively in that language or will be assisted by a licensed or certified interpreter.
What Does the Evaluator Observe?
Each child with each party, regardless of the child’s age. Section 107.109(c)(3) calls for observing each child in the suit in the presence of each party, including during supervised visitation where appropriate, unless contact is prohibited by court order or the evaluator has good cause and states it in writing to the parties before the evaluation is completed.
Other observations depend on the order. Section 107.109(d) lists additional elements a court may order, including balanced interviews and observations in each party’s care, an evaluation of each party’s residence, and observation of the child with each adult living in a residence being evaluated. Home visits are covered on our separate page about custody evaluation home visits.
What Records and Outside Sources Does the Evaluator Review?
A custody evaluator reviews more than what each parent says in an interview. When parents ask What Questions Does a Child Custody Evaluator Ask in Texas, the answer often includes follow-up questions based on school records, medical records, counseling information, agency records, criminal history, and other sources that may help verify what is happening in the child’s daily life.
Texas Family Code §107.109(c)(5) requires the evaluator to gather information from relevant collateral sources. In plain English, that means the evaluator may look beyond the parents’ statements and review records or speak with people who have useful information. School records may show attendance problems, falling grades, behavior changes, or teacher concerns. Medical and mental health records may help explain a child’s emotional needs, counseling history, diagnoses, medications, or treatment recommendations.
The evaluator may also review agency records under Texas Family Code §107.111, criminal history information, and other records that relate to the child, the parents, or people living in a home being evaluated. Under §107.109(c)(6), the evaluator must also consider criminal history and any contact with the Department of Family and Protective Services or law enforcement involving abuse or neglect for each person living in a residence being evaluated. In more complex custody cases, those records can affect safety planning, possession recommendations, supervision concerns, and the evaluator’s view of the child’s best interest.
This is why preparation should focus on accuracy, organization, and honesty rather than scripted answers. A parent who wants to understand the bigger picture can review our guide on mastering custody evaluations for preferred outcomes to see how records, interviews, and evaluator observations may work together. The goal is not to overwhelm the evaluator with paperwork. The goal is to help the evaluator and the court understand the child’s real life with reliable information.
Can the Court Add Its Own Questions?
The court may order additional elements and its own specific questions. Except for an order appointing a domestic relations office evaluator, Section 107.103(c) requires the order to list the basic elements, any additional elements the court requires and the specific issues or questions to be addressed. Section 107.113(a) requires the report to include answers to the specific questions the court asked.
Section 107.109(d) lists the additional elements a court may order and other tasks the court requests. Psychometric testing is a special case: Section 107.110 permits it when the court orders it or when the evaluator determines it is necessary, subject to the section’s licensing and specialized-training requirements. Testing and separately ordered psychological examinations are covered on our page about psychological evaluations in custody cases. Under Section 107.108(b), a court may also impose requirements or adopt local rules that do not conflict with Subchapter D.
Testing within a Chapter 107 evaluation is different from a separately ordered mental examination under Texas Rule of Civil Procedure 204.4. Section 107.1025 states that a Rule 204.4 examination does not, by itself, satisfy the requirements for a child custody evaluation.
Not sure what your custody-evaluation order requires?
The appointment order may identify the evaluator, required elements, additional work, and specific questions for the report. A Texas family-law attorney can help you read the order and understand what it requires without predicting what the evaluator will recommend.
What Happens If Part of the Evaluation Is Not Completed?
The report has to say so. Section 107.109(b) requires the evaluator to identify in the report any basic or additional element that was not completed, explain why, and explain the likely effect of the missing element on the evaluator’s confidence in the opinion. A missing element without that explanation is one of the warning signs covered on our page about the signs of a bad custody evaluation, and how the whole process works is explained in our guide to how a Texas child custody evaluation works.
Can a Parent Prepare for the Interview?
Parents can prepare for a custody evaluation interview by understanding what the evaluator must cover, organizing truthful records, and focusing on the child’s best interest rather than rehearsing perfect answers. When parents ask What Questions Does a Child Custody Evaluator Ask in Texas, the most useful answer is that the evaluator is looking at parenting routines, school stability, safety, communication, records, and each parent’s ability to support the child.
Texas Family Code Chapter 107 gives custody evaluators required subjects to review, but it does not give parents a script to memorize. That matters because a custody evaluation is not a performance. It is a fact-gathering process tied to the court’s order, the child’s daily life, and the best-interest standard under Texas Family Code §153.002.
Good preparation usually means gathering school records, medical information, counseling notes, calendars, possession schedules, communication records, and other documents that help explain the child’s routine. It also means being ready to answer honestly about strengths, mistakes, co-parenting challenges, and what the child needs. If your evaluation includes a home visit or home study-style review, our guide on getting yourself ready for a home study may help you think through safety, organization, and child-focused preparation.
In straightforward evaluations, preparation may be as simple as reviewing the court order and organizing school and parenting records. In more complex custody cases involving safety concerns, mental health, substance use, DFPS history, school problems, or high conflict, parents should talk with their attorney before the interview about the order, the evaluator’s role, and any specific questions the court asked the evaluator to address.
Legal Resources
Legal research note: This page was checked against Texas Family Code Sections 107.1025, 107.103, 107.108, 107.109, 107.110, 107.111, 107.1111 and 107.113(a), and the official Texas Rules of Civil Procedure compilation. The authorities were last checked on October 1, 2026.
- Texas Family Code Chapter 107 — official statutory text governing child custody evaluations, including appointment orders, required and additional elements, testing, records access, reports, and court-specific questions. Official text.
- Texas Rules of Civil Procedure — official compilation containing Rule 204, on physical and mental examinations, including Rule 204.4. A Rule 204.4 examination does not independently satisfy Chapter 107’s custody-evaluation requirements. Official text.
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. If you want to know what your evaluation will cover, the order that appointed the evaluator is the first document she will want to see.
Licensed by the State Bar of Texas since 2008 · Juris Doctor, Thurgood Marshall School of Law
Conclusion:
Understanding What Questions Does a Child Custody Evaluator Ask in Texas is really about understanding what the court needs to know: whether your child is safe, supported, stable, and able to keep moving forward at home, at school, and in daily life. A custody evaluator’s questions may touch on parenting routines, school records, co-parenting, safety concerns, medical or counseling history, and the child’s emotional needs because those facts can help the court apply the best-interest standard under Texas Family Code §153.002.
In straightforward evaluations, the focus may be on organizing records, explaining daily routines, and showing how each parent supports school, health, and consistent parenting time. In more complex custody cases, the stakes can rise quickly. If your case involves high conflict, school decline, mental health concerns, substance use, safety issues, DFPS history, relocation, or a child struggling emotionally during divorce, it may be important to recognize potential problems early, including the kinds of issues discussed in our guide to red flags in a Texas custody evaluation.
At The Law Office of Bryan Fagan, PLLC, our goal is to educate families, protect futures, and help parents regain clarity and peace of mind during difficult transitions. If you are facing a custody evaluation, the right next step is not panic. It is getting guidance that matches the seriousness of your situation and protects what matters most: your child’s stability, well-being, and future.
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 what Texas law requires a child custody evaluator to cover. It is not legal advice, and reading it does not create an attorney-client relationship. What a particular evaluation includes depends on the court’s order, any local rules, the governing statutes and the individual facts.
Frequently Asked Questions
Not in the statute’s required elements. Section 107.109 lists what the evaluation must include—interviews, observations, records and a relationship assessment—without prescribing the questions. The court’s order can add elements and specific questions, and Section 107.108(b) allows a court to impose requirements or adopt local rules that do not conflict with Subchapter D.
If your child is at least four, Section 107.109(c)(2) calls for an interview conducted in a developmentally appropriate manner, during each party’s period of possession but outside that party’s presence. Section 107.109(c)(3) also calls for observing each child, regardless of age, with each party, subject to the exceptions the statute states.
Section 107.109(c)(5) requires information from relevant collateral sources, including relevant school records and relevant physical and mental health records of each party and each child in the suit. The statute’s word “relevant” matters: it does not call for every record that exists.
Yes, within the statute’s terms. Section 107.109(c)(5)(D) includes criminal history information about each child in the suit, each party and each person living with a party, and Section 107.109(c)(6) calls for considering criminal history and any agency or law-enforcement contact about abuse or neglect for each person living in a residence being evaluated.
Section 107.103(e) requires the court to ensure that the evaluator can communicate effectively in your primary language or will be assisted by a licensed or certified interpreter. Under Section 107.103(f), the interpreter may accompany the evaluator in person or assist through audio or video conferencing.
Section 107.109(a) bars an opinion on conservatorship, possession or access unless each required element was completed or the gap is satisfactorily explained, and Section 107.109(b) requires the report to identify the missing element, explain why and describe its likely effect. Our page on the signs of a flawed custody evaluation covers what to check.
Questions about an evaluation already underway?
Bring the appointment order, the evaluator’s written instructions, and any report or completion notice you received. The Law Office of Bryan Fagan, PLLC can help you distinguish Chapter 107 requirements from questions controlled by the order and the facts of your case.
