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What happens when a child who once enjoyed school begins missing assignments, losing sleep, or struggling each time the weekly schedule changes? A Child Custody Evaluation Texas court orders is a process for gathering and assessing information about conservatorship, possession, or access. The evaluator may make findings and recommendations, but the evaluation is evidence for the court to consider. It does not decide the case.
Under Texas Family Code Chapter 107, an evaluator may interview the parents and children, observe family relationships, review relevant records, and gather information from schools, healthcare providers, or other reliable sources. When academic problems are involved, the evaluator may examine attendance, grades, behavior, educational services, household routines, and each parent’s response to the child’s needs. One poor report card does not determine custody. The larger question is what the evidence shows about the child’s stability and well-being.
Texas Family Code §153.002 makes the child’s best interest the court’s primary consideration in decisions about conservatorship, possession, and access. Academic continuity may form part of that analysis, but it must be considered alongside safety, emotional needs, parenting ability, family relationships, and the complete evidentiary record.
Led by Bryan Joseph Fagan, a South Texas College of Law graduate and experienced Texas family-law attorney, The Law Office of Bryan Fagan, PLLC is committed to educating families and protecting futures. This article explains how a Texas child custody evaluation works, what the evaluator may examine, and how parents can support their child without drawing the child further into the dispute. Understanding the process can help replace uncertainty with greater clarity, confidence, and peace of mind.
Key Takeaways
- The court’s written order defines the assignment. It identifies the evaluator, the issues or questions to address, the children and parties involved, and the required completion date.
- Chapter 107 sets minimum elements. Interviews, observations, collateral information, household-history checks, and assessment of child-party relationships form the statutory core.
- Communications are not therapy records. Statements to the evaluator are subject to disclosure and may be offered in court if otherwise admissible.
- A recommendation is not a judgment. The court remains the decision-maker, and the report’s introduction is subject to the rules of evidence.
- “Social study” is the former statutory term. Texas renamed the procedure “child custody evaluation” in 2015.
Quick Answer
A Texas court can order a qualified evaluator to interview the parties and children, observe relationships, review relevant records, and report findings and recommendations. Chapter 107 defines the required elements and limits opinions based on one-sided or incomplete work. The report may be admitted subject to the rules of evidence, but the court—not the evaluator—makes the custody decision.
The Process in Five Stages
Chapter 107 sets the same statewide sequence in every Texas county, whatever the local intake procedure looks like.
| Stage | What happens |
|---|---|
| Court order | Identifies the evaluator, the parties, the children, the questions and scope, and the completion date. |
| Information gathering | The required interviews, observations, records and household-history information. |
| Completion check | Every required element must be completed — or the omission, its reasons and its effect on the evaluator’s confidence must be explained. |
| Report | Findings and recommendations are delivered under the statutory timetable and remain subject to the rules of evidence. |
| Court decision | The judge or jury — not the evaluator — decides the custody issues before the court. |
What Is a Child Custody Evaluation in Texas?
A Child Custody Evaluation Texas court orders is an expert investigation and analysis of the child’s circumstances, the parents, and relevant household members. Under Texas Family Code §107.101, its purpose is to produce findings and recommendations about conservatorship, possession, or access. The evaluation gives the court evidence to consider; it does not decide the case.
The court’s appointment order defines the evaluator’s assignment. Depending on that order, the process may include interviews, parent-child observations, household information, and relevant records. Parents who want practical guidance can review these methods for working with a child custody evaluator.
The evaluation must also remain separate from the broader legal standard. The court applies the best interest of the child in Texas to the complete evidentiary record. The evaluator’s work may inform that decision, but the judge or jury—not the evaluator—determines the custody issues submitted for decision.
When Can a Texas Court Order an Evaluation?
Under §107.103, the court may order a child custody evaluation in a suit affecting the parent-child relationship. It does so after notice and a hearing, or on the agreement of the parties. A party who wants an evaluation asks the court for one; no party can order an evaluation, and no evaluator can begin one, without that order. The written order must identify the person conducting the evaluation, the parties and children involved, the issues or questions to be addressed, any additional elements the court requires, and the date by which the report must be completed.
A separate limit applies when a nonparent seeks conservatorship. The court may not appoint an evaluator in that situation unless it first finds good cause. That procedural limit does not replace the parent-nonparent rules discussed in the best-interest guide.
A mental examination ordered under Texas Rule of Civil Procedure 204.4 does not, by itself, satisfy Chapter 107’s requirements for a child custody evaluation.
Who Can Conduct a Child Custody Evaluation?
Section 107.104 establishes education, licensing, experience, supervision, and training requirements. The ordinary route requires at least a master’s degree in a human-services field, an identified Texas professional license or medical and psychiatric credentials, qualifying experience, and supervised court-ordered evaluations. The statute also recognizes specified supervised and domestic-relations-office routes and a doctoral route.
The evaluator must also complete at least eight hours of family-violence-dynamics training. Current law separately requires recent training on the care of a child with an intellectual or developmental disability when the statutory provision applies. Those are distinct requirements.
Chapter 107 also addresses conflicts of interest and bias. The qualifications are minimum legal requirements; they do not mean the evaluator’s conclusions become binding on the court.
What Does a Child Custody Evaluator Look for in Texas?
A Child Custody Evaluation Texas court orders examines the child’s needs, family relationships, household circumstances, safety, and other facts relevant to conservatorship, possession, or access. The evaluator does not follow one universal checklist. Texas Family Code §107.109 establishes the required elements, while the court’s appointment order defines the assignment in the particular case.
The seven basic elements generally include personal interviews with each party seeking conservatorship, possession, or access; developmentally appropriate interviews with each subject child age four or older; and observations of each child with each party. The evaluator must also address appropriate interviews or observations involving other children who live in a residence being evaluated, obtain relevant collateral information, consider the history of household residents, and assess each child’s relationship with each party.
Relevant information may come from schools, healthcare providers, criminal-history records, DFPS, law enforcement, or other reliable sources. The court may also require residence evaluations, interviews with additional household members, observations involving other adults, joint interviews, or psychometric testing when necessary. These tools gather evidence, but no single interview, allegation, record, or test automatically determines the evaluator’s recommendation.
If a required element cannot be completed, §107.109 limits when the evaluator may offer an opinion and requires the report to identify the omission, explain why it occurred, and describe its likely effect on the evaluator’s confidence. Parents who notice uneven fact-gathering, skipped observations, questionable qualifications, or reliance on one source can review these red flags in a Texas custody evaluation. The appointment order and the completed work—not a general internet checklist—provide the proper basis for evaluating whether the process was thorough.
| Basic element | What the statute requires |
|---|---|
| Party interviews | A personal interview of each party seeking conservatorship, possession, or access. |
| Child interviews | Developmentally appropriate interviews of each subject child age four or older, during each party’s period of possession and outside that party’s presence. |
| Child-party observations | Observation of each subject child, regardless of age, with each party, subject to the statute’s order and good-cause exceptions. |
| Other children in a residence | Observation and, at age four or older, an interview of a nonsubject child living full time in a residence being evaluated, where appropriate. |
| Collateral information | Relevant school, health, department, criminal-history, and other collateral records or information. |
| Household history | For each resident in a home being evaluated, consideration of criminal history and contact with DFPS or law enforcement about abuse or neglect. |
| Relationship assessment | Assessment of the relationship between each subject child and each party seeking possession or access. |
Can an Evaluator Recommend Custody After an Incomplete or One-Sided Evaluation?
Not without satisfying the statutory limits. Under §107.109, an evaluator may not offer an opinion about conservatorship, possession, or access unless every basic and court-ordered additional element has been completed—or the report identifies the missing element, explains why it was not completed, and explains the likely effect on the evaluator’s confidence.
Section 107.108 adds a different limit. An evaluator who evaluated only one side of a contested suit must refrain from recommending conservatorship, possession, or access. The evaluator may still identify concerns about the child’s safety, a party’s parenting ability, the child-party relationship, or a party’s mental health.
Can You Challenge a Child Custody Evaluation in Texas?
Yes. A Child Custody Evaluation Texas report may be challenged when the concern involves factual errors, missing statutory elements, evaluator qualifications, unreliable methods, work outside the appointment order, or conclusions that the supporting information does not justify. The appropriate response depends on whether the issue affects admissibility, reliability, or the weight the court should give the report.
Under Texas Family Code §107.109, an evaluator who omits a required element must identify the omission, explain why it was not completed, and describe its likely effect on the evaluator’s confidence. Section 107.114 also makes introduction of the report subject to the rules of evidence. Depending on the problem, counsel may raise a specific objection, question the evaluator, present contrary evidence, seek clarification, or use a qualified expert within the limits of §104.008.
The 2025 memorandum opinion in In re Marriage of Fraker and Schubert shows why procedure matters. The court did not decide the mother’s statutory admissibility arguments because they did not match the objections made in the trial court. It also explained that expert opinions do not bind the factfinder and that other evidence independently supported the judgment.
Raising concerns about an evaluation is therefore different from preserving a legal objection. A factual dispute may affect the report’s persuasive weight without requiring its exclusion, and no defect automatically produces a second evaluation. Understanding the key factors considered in Texas custody evaluations can help parents and counsel identify the precise problem while there is still time to address it correctly.
Are Communications With the Evaluator Confidential?
Do not assume they are confidential like therapy. Section 107.112 says communications made by a participant to the evaluator are subject to disclosure and may be offered in court if otherwise admissible. The statute also says a participant is not a “patient” for the identified mental-health-records provision merely because of the evaluation.
The evaluator must maintain detailed records. Interviews with a child must be recorded audiovisually. Those recordings are confidential after the case ends unless a court orders disclosure for good cause. After the report is prepared, identified people may request access to the evaluator’s records in writing, subject to statutory restrictions.
What Does the Evaluation Report Do?
Section 107.113 requires a report containing the evaluator’s findings, opinions, recommendations, and answers to the court’s specific questions. The evaluator files notice that the report is complete and provides the report to the attorneys, unrepresented parties, and appointed representatives identified by the statute. If the case settles before the evaluation is completed, the evaluator is not required to finish the report.
For a private evaluator, §107.114 generally requires the report to be provided by the earlier of three days after completion or 30 days before trial. A domestic relations office follows a different timetable: the earlier of seven days after completion or five days before trial, with party copies governed by local rules or court order.
For an evaluator appointed on or after 1 January 2026, §107.114(a-1) restricts admission of the report if the child has an intellectual or developmental disability and, on the date the evaluation was made, the evaluator had not completed the disability-care training required by §107.104(f), unless the evaluator was appointed under §107.106. An evaluation conducted by an evaluator appointed before 1 January 2026 remains governed by the former law.
Their fees, intake steps and timelines are not statewide rules. Confirm what applies with the court handling the case and with any domestic relations office involved.
| Statewide Chapter 107 rules | Local court or DRO administration |
|---|---|
| Evaluator qualifications | Intake procedures |
| Required evaluation elements | Local questionnaires and forms |
| Limits on recommendations | Orientation or classes |
| Report content and delivery rules | Scheduling and program timelines |
| Court-awarded reasonable fee | Published local fee schedules |
| Evidence rules | Document-submission procedures |
Does the Evaluator Decide Who Gets Custody?
No. A Child Custody Evaluation Texas court orders may include findings and recommendations, but the evaluator does not decide conservatorship, possession, or access. Under Texas Family Code §107.114, introducing the report remains subject to the rules of evidence. The judge or jury makes the final decision based on the governing law and the evidence admitted in court.
The evaluator gathers and analyzes information within the scope of the appointment order. That process may include interviews, observations, records, and interactions with the child, but the resulting recommendation is only one part of the evidence. Parents can learn more about how a custody evaluator may interact with their children and why children should not be coached before an interview.
In In re Marriage of Fraker and Schubert, the court explained that expert opinions do not bind the factfinder and that a court may decide conservatorship from the full record without expert testimony. The court did not decide the mother’s statutory admissibility arguments because those objections had not been properly preserved in the trial court.
The court also concluded that, on that record, disputed factual underpinnings did not automatically make the evaluator’s ultimate opinion incompetent, and other evidence supported the judgment. That does not mean defects never matter. If a report exceeds the appointment order, contains factual errors, or relies on questionable methods, those concerns must be raised through timely, specific objections; even when a report is admitted, the court still decides how much weight it deserves.
The limit on Fraker
Fraker does not hold that an incomplete evaluation is automatically admissible, that objections never matter, or that a court must accept an evaluator’s recommendation. Preservation, the specific objection, the rest of the record, and the applicable evidence rules all mattered to the disposition. The judgment was affirmed on that record.
A related provision explains who may make that kind of recommendation at all. Under §104.008, a person may not offer an expert opinion or recommendation about conservatorship, possession or access unless that person conducted a Chapter 107 child custody evaluation for the child. Another expert may still address the qualifications of the evaluator, the reliability of the methodology, or the relevance of the information obtained. And a mental health professional who has personally evaluated a party may give other relevant opinions about that party, so long as they are not the recommendation §104.008(a) reserves. None of that makes an evaluator’s recommendation binding. The section does not apply to suits in which the Department is a party.
How Is an Evaluation Different From Other Family-Court Roles?
| Term or role | Boundary |
|---|---|
| Social study | The former statutory name. H.B. 1449 replaced it with “child custody evaluation” effective September 1, 2015. |
| Mental examination | A Rule 204.4 examination alone does not satisfy the evaluation requirements. |
| Amicus attorney or guardian ad litem | Different appointments with different duties under other parts of Chapter 107. They are not another name for the evaluator. |
| DFPS investigation | Section 107.102 excludes DFPS suits from this evaluation subchapter and bars the department from conducting a child custody evaluation. |
| Adoption evaluation | A separate statutory process in a different subchapter. |
How Should a Parent Prepare Without Trying to “Game” the Evaluation?
Preparation means understanding the court’s order and meeting the process it creates. It does not mean rehearsing a child, shaping answers to “impress” the evaluator, or treating the evaluation as a performance.
- Read the appointment order and confirm the evaluator, scope, required elements, and deadlines.
- Provide requested information accurately and through the method the evaluator directs.
- Raise safety, accessibility, language, scheduling, or disability-related needs promptly with counsel and the appropriate participant.
- Assume substantive communications may be disclosed; do not treat the evaluator as your therapist or advocate.
- Discuss any concern about scope, completeness, admissibility, or a missed element with counsel while the issue can still be addressed.
What Questions Will a Texas Custody Evaluator Ask?
There is no single statewide questionnaire. The court order defines the evaluator’s assignment, and the questions depend on the child, the parties and the issues identified. Interviews may address parenting history, the child’s needs, household members, safety, schedules, proposed arrangements, and information that requires verification.
How Long Does a Child Custody Evaluation Take in Texas?
Texas law does not impose one completion period for every child custody evaluation. The court’s order identifies the required completion date, while scheduling, intake and fees may be administered locally. Harris County reports approximately 90 days after assignment, and assigns cases only after all fees are paid. Tarrant County describes a minimum of 90 days from the date fees are paid in full, assuming the parties cooperate. Those are local program timelines, not statewide deadlines.
Who Pays for a Texas Child Custody Evaluation?
Section 107.115 says the court shall award the appointed evaluator a reasonable fee for preparing the evaluation. The fee is imposed as a money judgment and paid directly to the evaluator, who may enforce it as a civil judgment. The section does not set a statewide dollar amount or promise how the court will allocate the financial burden in a particular order.
Legal Resources
The current Chapter 107 provisions control. Older Texas cases and pages may use “social study” or cite repealed pre-2015 section numbers; those citations should not be carried forward as current law.
- Texas Family Code Chapter 107 — §§107.101–107.115 govern child custody evaluations, including appointment, qualifications, elements, records, reports, admissibility, and fees.
- §107.103 and §107.104 — the appointment order and evaluator qualifications: what the order must contain, the scope of the evaluation, interpreter provisions, and the good-cause finding required before an evaluator is appointed where a nonparent seeks conservatorship; then the professional qualifications, the eight hours of family-violence training, and the separate three-hour disability-care training added in 2025. Readable reproductions, not the Legislature’s official text.
- §107.108 — how an evaluation must be conducted, and the source of several of the protections described above: evidence-based methods, verification of facts with sources noted, disclosure of substantive communications with an attorney of record, a statement of what limits the reliability of the opinion, and the rule that an evaluator who assessed only one side must refrain from recommending conservatorship, possession or access. A readable reproduction, not the Legislature’s official text.
- A readable reproduction of §107.109 — the seven basic elements, additional elements, and the required explanation when an element is omitted. This is a reproduction rather than the Legislature’s own text.
- A readable reproduction of §107.114 — report introduction, delivery timing, and the current disability-training restriction. This is a reproduction rather than the Legislature’s own text.
Case Applying Chapter 107
- In re Marriage of Fraker and Schubert, No. 13-23-00340-CV (Tex. App.—Corpus Christi–Edinburg July 24, 2025, no pet.) (mem. op.) — discusses §§107.103, 107.109 and 107.114, the required basic elements, and the distinction between admissibility, reliability and weight. Expert opinions do not bind the factfinder, and conservatorship can be decided from the whole record without expert testimony. It did not decide whether an updated evaluation must repeat every statutory element, because the corresponding admissibility arguments were not preserved in the trial court. The judgment was affirmed on that particular record. A memorandum opinion, transferred from the San Antonio court of appeals through docket equalization.
- Texas Family Code §104.008 — certain testimony prohibited. Bars an expert recommendation on conservatorship, possession or access from anyone who did not conduct a Chapter 107 evaluation; preserves expert testimony on an evaluator’s qualifications, methodology or the relevance of information obtained; allows a mental health professional to give other opinions about a party personally evaluated; and does not apply where the Department is a party. A readable reproduction, not the Legislature’s official text.
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. What a particular record will actually put in front of the court is one of the first questions a custody case raises.
Licensed by the State Bar of Texas since 2008 · Juris Doctor, Thurgood Marshall School of Law
Conclusion:
A Child Custody Evaluation Texas court orders can clarify important facts, but the evaluator’s recommendation is evidence—not the final custody decision. The appointment order defines the evaluator’s assignment, while the judge or jury decides conservatorship, possession, and access from the admitted evidence and governing law. Understanding the types and methods of custody evaluations can help parents prepare without losing sight of the child’s daily needs.
In straightforward evaluations, parents may need guidance on records, interviews, home visits, and maintaining stable routines. In more complex cases involving family violence, substance use, mental-health concerns, special needs, disputed information, or relocation, careful legal review may be needed. An attorney can examine whether the evaluator followed the appointment order, evaluate the report’s factual and methodological support, and preserve any appropriate objections while addressing both admissibility and evidentiary weight.
The Law Office of Bryan Fagan, PLLC helps Texas families identify the level of legal support their circumstances require. To understand the evaluation, assess potential concerns, and choose a strategy focused on your child’s future, call 281-810-9760 or schedule a free consultation online. Clear information and thoughtful preparation can help you approach the next stage with greater confidence, control, and 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.
Frequently Asked Questions
It is a court-ordered expert investigation and analysis concerning a child, the parties, and relevant household members, used to make findings and recommendations about conservatorship, possession, or access.
No. A qualified evaluator may make recommendations within the statutory limits, but the court remains the decision-maker and admission of the report is subject to the rules of evidence.
Not in a contested case after evaluating only one side. Section 107.108 requires the evaluator to refrain from a recommendation on conservatorship, possession, or access, though specified concerns may still be reported.
Do not assume so. Participant communications are subject to disclosure and may be offered if otherwise admissible. Child-interview recordings receive a separate statutory confidentiality rule after the case ends.
“Social study” is the former Texas statutory term. In 2015, the Legislature renamed the process “child custody evaluation” and moved the provisions to the current §107.1xx range.
Chapter 107 does not set a statewide price. It requires a court-awarded reasonable fee, imposed as a money judgment and paid directly to the appointed evaluator. The order and case circumstances control the actual amount and allocation.
