2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle A - General Provisions › Chapter 107 - Special Appointments, Child Custody Evaluations, and Adoption Evaluations › Subchapter D. Child Custody Evaluation › Section 107.103. Order for Child Custody Evaluation

Sec. 107.103.  ORDER FOR CHILD CUSTODY EVALUATION.  (a)  The court, after notice and hearing or on agreement of the parties, may order the preparation of a child custody evaluation regarding:
(1)  the circumstances and condition of:
(A)  a child who is the subject of a suit;
(B)  a party to a suit; and
(C)  if appropriate, the residence of any person requesting conservatorship of, possession of, or access to a child who is the subject of the suit; and
(2)  any issue or question relating to the suit at the request of the court before or during the evaluation process.
(b)  The court may not appoint a child custody evaluator in a suit involving a nonparent seeking conservatorship of a child unless, after notice and hearing or on agreement of the parties, the court makes a specific finding that good cause has been shown for the appointment of a child custody evaluator.
(c)  Except for an order appointing a child custody evaluator who is qualified under Section 107.104(b)(3), an order for a child custody evaluation must include:
(1)  the name of each person who will conduct the evaluation;
(2)  the purpose of the evaluation; and
(3)  a list of the basic elements of an evaluation required by Section 107.109(c);
(4)  a list of any additional elements of an evaluation required by the court to be completed, including any additional elements specified in Section 107.109(d); and
(5)  the specific issues or questions to be addressed in the evaluation.
(d)  Except as provided by Section 107.106, each individual who conducts a child custody evaluation must be qualified under Section 107.104.
(e)  In appointing a child custody evaluator in a suit in which a party subject to the child custody evaluation does not speak English as a primary language, the court shall ensure that the child custody evaluator:
(1)  is able to effectively communicate in the primary language of the party; or
(2)  will be assisted by a licensed or certified interpreter.
(f)  A licensed or certified interpreter assisting a child custody evaluator under Subsection (e)(2) may accompany the evaluator in person or assist through use of audio or video conferencing technology.
(g)  The court may require the parties to pay any costs associated with obtaining assistance for a child custody evaluator from a licensed or certified interpreter.
Added by Acts 1995, 74th Leg., ch. 751, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 7, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 133, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 488, Sec. 1, eff. June 11, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 2, eff. September 1, 2007.
Redesignated and amended from Family Code, Section 107.051 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.05, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 257, Sec. 2, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1002 (H.B. 3009), Sec. 1, eff. September 1, 2021.