Skip to content 
A social study report plays a pivotal role in Texas custody cases, yet the process can feel deeply personal and intrusive. Parents must openly discuss both their strengths and struggles with a court-appointed evaluator, who also reviews written references and conducts in-home visits to observe family dynamics. This report helps the court determine what arrangement serves the child’s best interests, making it crucial to approach the process with honesty, preparation, and a clear understanding of what evaluators look for.
Today’s blog post from the Law Office of Bryan Fagan, PLLC, will focus on this report. Suppose your goal is to do everything you can to win the primary conservatorship of your child. In that case, you will need to know what a social study evaluator is looking for and how they will communicate those factors to a judge.
What is required of a social study report in your child custody case?
The Texas Family Code mandates certain steps for a social study report. Firstly, both you and the opposing party must undergo interviews, with the details documented in the report. If your child is at least four years old, they will also be interviewed. The questions posed to a fourteen-year-old child will naturally differ from those asked of a four-year-old. However, all children aged four and older will be interviewed by the evaluator.
On top of being interviewed, your child will be observed in your home interacting with you and anyone else who lives with you. Your child will also be kept in their other parent’s house to give the evaluator a good perspective as to how they react to different stimuli and circumstances. Please note that if you or the opposing party have pointed out issues in the other parent’s home environment, the social study evaluator will likely focus on these issues during the home study.
Criminal history and background searches will be conducted for you and your opposing party. Anything out of the ordinary that came up in those searches will be detailed in the social study report. For instance, if you have ever been arrested or been involved in a Child Protective Services (CPS) case, that will be especially relevant to a judge who has to decide what is in your child’s best interests.
Finally, the evaluator will assess you and your opposing party’s relationship with your child. Much of the information they will base their evaluation on is collected during the home study. At its core, social research wants to help the judge determine how well you and your child have bonded and how well you relate to one another.
What could also be included in your social study report?
So far, we have discussed the subject matter that the judge will expect in your social study report. This section will cover the subjects that may be included in the report.
The evaluator may interview people living with you, and they will include information about those interviews in the report. Additionally, assessments of your home environment and your opposing party’s home environment may also appear in the report if relevant.
If the evaluator collects any other information they believe is relevant to the judge’s decision about naming your child’s primary conservator, they can include that as well. The judge acts as the fact-finder in your case. Their job is to assign weight to each piece of evidence and make decisions based on its importance.
Final elements that need to be included in your social study report
The report includes the social study evaluator’s name, professional resume, licenses, and titles. Recommendations in the report must be supported by factual circumstances that justify them. Evaluators cannot make recommendations without citing specific information that confirms their basis, distinguishing facts from opinions.
No recommendation as to which parent should be named as the primary conservator of your child can be made as a part of the report unless all of the elements I mentioned earlier are included in the report. The judge should not consider an incomplete assessment that led to a preliminary recommendation regarding conservatorship. When the information is complete, it will be filed into your case record by the evaluator. Copies of the report will be sent directly to each party and the judge.
If your case proceeds to a trial, your social study evaluator may be called as a witness. Both parties will examine the evaluator regarding the completed evaluation and any recommendations made in the report. Attorneys will primarily focus on the accuracy of the information the social study evaluator relied upon during the trial. Often, the party not recommended to be the primary conservator of your child will ask the evaluator to testify.
Final thoughts on social studies
A social study report usually isn’t required unless you and the opposing party disagree about your child’s conservatorship. While these reports can provide valuable insight for the court, they are often time-consuming, intrusive, and costly. If possible, it’s wise to pursue a compromise with the other parent to resolve custody disputes without triggering the need for a social study report. Reaching an agreement outside of court can save time, reduce stress, and help both parties maintain more control over the outcome.
It’s important to understand that payment for the social study evaluator’s fees depends on your individual circumstances. If you earn substantially more than your ex-spouse, the court may order you to cover most—or even all—of the costs. A social study report can take a year or longer to complete. Pursuing a settlement is often a more efficient and cost-effective option. In many cases, reaching an agreement avoids the emotional toll. It also helps you sidestep delays and the financial burden tied to a full social study evaluation.
Questions on social studies? Contact the Law Office of Bryan Fagan, PLLC
If you have any questions about the topics we discussed today, please don’t hesitate to contact the Law Office of Bryan Fagan, PLLC. Our attorneys bring extensive experience and knowledge to your case, and we would be honored to discuss your situation with you. Please contact us today to schedule a free-of-charge consultation with one of our licensed family law attorneys.
Other Related Articles:
- Pre-Adoptive Social Studies: What Will Yours Look Like and What Should You Expect
- What Happens During the Home Visit Portion of Social Study
- Preparing for a Social Study During Your Divorce or Child Custody Case
- What Is Contained in a Permanency Plan Progress Report for a Texas CPS Case?
- What Does It Mean When a CPS Report Is Made Against You in Texas?
- Ultimate Guide to Surviving a CPS Investigation
- Talking to your family about your child’s CPS case
- How Do You Know if a CPS Case Is Closed?
- Representation for Grandparents in a Texas CPS case
- What Is Conservatorship? How Does a CPS Removal Involve Conservatorship?
