A social study report can feel invasive. You’re required to discuss your parenting strengths and weaknesses with a stranger. You’re also asked to provide a list of references who will write letters about their experiences with you as a parent. Additionally, the evaluator visits your home to observe your interactions with your child firsthand.
Suffice it to say that this can be uncomfortable, but if you are involved in a family law case where custody of your child is contested, a social study will likely be a part of that process. Your social study evaluator is trying to help the judge decide which parent should be named as the primary conservator of your child. To help them get a better idea about all the work that went into completing the social study, the evaluator will create a report that synthesizes the collected information. Most importantly, the report will contain a recommendation made by the evaluator that names the parent who is best suited in their opinion to care for the child on a primary basis.
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 posed to a four-year-old, but 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 that 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 your opposing party have pointed out issues in the home environments of the other parent, then it is likely that the social study evaluator will focus on these issues when conducting a 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 touched on the subject matter that the judge will expect to see in your social study report. This section will discuss those subjects that may find themselves included in the report.
Those people may be interviewed if you live with anyone, and information about those interviews may be included in the report. Beyond that, assessments of your and your opposing party’s home environments may be included in the report as well if there is anything noteworthy or relevant to fit.
Suppose there is any other information that the evaluator has collected that they believe is relevant to the judge’s ultimate decision to name your child’s primary conservator. In that case, they can choose to include that as well. As the fact-finder, the judge in your case is the person whose job it is to assign weight to any one piece of evidence and make a decision based on the importance of the evidence available to them.
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 and examined by both parties regarding the evaluation that was completed as well as any recommendations that were conducted in the report. The biggest thing that attorneys will ask about in a trial is how accurate the information the social study evaluator relied upon was. You see, the evaluator is asked to testify often by the party who was not recommended to be the primary conservator of your child.
Final thoughts on social studies
Unless there is a disagreement between you and the opposing party regarding the conservatorship of your child, a social study report is typically not required. These studies, although infrequent, are known to be lengthy and cumbersome if initiated. It’s advisable to seek middle ground with the opposing party to settle the case without involving a social study report.
It’s important to note that payment for the social study evaluator’s fees varies based on individual circumstances. If you earn significantly more income than your ex-spouse, you will likely bear the majority of these costs. Considering that social studies can take a year or more to finalize, reaching a settlement is often more practical than proceeding with a social study report in most situations.
Questions on social studies? Contact the Law Office of Bryan Fagan, PLLC
If you have any questions about the subject matter that we have discussed today, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our attorneys bring a great deal of experience and know-how to your case, and we would be honored to speak to you about your case and circumstances. Please contact us today to schedule a free-of-charge consultation with one of our licensed family law attorneys.
Other Related Articles:
- What Happens If You Run From Cps In Texas
- How to Prepare for a CPS Interview in Texas: A Comprehensive Step-By-Step Guide
- Can CPS Tell You Who Reported You in Texas?
- 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?
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
