The main goal of a child custody evaluation is to provide the court with a neutral, professional opinion about what custody arrangement would best serve the child. In Texas, the evaluation must comply with the Texas Family Code and is conducted by a qualified professional often a licensed counselor or social worker.
The evaluator follows a standardized process, typically including:
- Legal Background and Identification of the Parties
- Identifies both parents, legal representation, the child(ren), and any significant others such as new spouses or romantic partners.
- Initial Meetings and Disclosures
- Both parents are informed that this is not a confidential process. Any behaviors, documents, or statements shared with the evaluator may be disclosed to the court.
- Marital or Relationship History
- Each parent provides their personal account of the relationship history, including major events, conflicts, and the reason for the separation.
What the Evaluator Will Review
The evaluator’s work includes interviews, home visits, and document reviews that cover all aspects of each party’s parenting capacity and household environment.
- Background of Each Parent
- Includes personal history, parenting background, upbringing, and relationships with extended family.
- Home Environment and Living Conditions
- Evaluator visits each home, assessing safety features (e.g., smoke detectors, firearm storage, locks), cleanliness, availability of food, pets, and the child’s room.
- Stability and Financial Responsibility
- Employment status, income, housing costs, and overall ability to support the child are evaluated.
- Parenting Capacity and Parent-Child Interaction
- The evaluator observes parent-child interactions, looking for natural engagement, nurturing, and responsiveness. Parents are encouraged to prepare age-appropriate activities during visits.
- Observations of the Child
- Includes one-on-one interviews with the child, and assessment of the child’s emotional needs and preferences (if age-appropriate).
Addressing Concerns and Responses
- Concerns of the Parties
- Each parent is allowed to submit concerns about the other parent’s behavior, parenting ability, or living situation. Tip: Always review your written concerns with your attorney before submitting them.
- Responses to Concerns
- The evaluator will give each parent an opportunity to respond to the other’s concerns. Remain composed, factual, and cooperative in your response.
Evaluator’s Assessment and Final Report
- Evaluator’s Independent Assessment
- The evaluator combines observations, interviews, and document reviews to assess the parenting strengths, challenges, and dynamics of both households.
- Co-Parenting and Respect for the Other Parent’s Role
- Each parent is expected to demonstrate a willingness to support the child’s relationship with the other parent. Start thinking now of 3–5 positive things the other parent does for the child.
Additional Elements of the Evaluation
- Collateral Contacts
- Evaluator may speak with grandparents, family friends, or other caregivers. Choose references carefully.
- Background and Registry Checks
- All adults over 18 in each household will undergo criminal background checks and central registry (CPS) checks.
- Documents Reviewed
- These may include:
- Court orders
- Background check results
- Medical and school records
- Questionnaires and reference letters
- Emails and texts between the parties
- Financial statements
- Any other documents submitted by attorneys
Final Recommendations and Court Filing
At the conclusion of the evaluation, the evaluator will file a comprehensive report with the court and provide it to the attorneys of record. This report will outline the evaluator’s findings and recommend a custody arrangement that supports the child’s physical, emotional, and developmental needs.
Final Thoughts
A child custody evaluation can feel intrusive and emotionally exhausting—but it is ultimately about doing what’s best for your child. With preparation, honesty, and professionalism, you can put your best foot forward.
It’s important to understand that not all child custody evaluation reports look the same. Evaluators have different styles and methods, and each report may vary in format and structure. The information provided here is just one example of what a custody evaluation might include.
At the Denis Law Group, we help parents understand what to expect during every stage of the family court process. From custody evaluations to modifications and final orders, we’re here to advocate for you and your children.