When determining child custody, it is preferred, whenever possible, that the parents work together to create a custody plan they can both agree on. But as we all know, not every case works out that way. Sometimes, neither parent can see eye to eye on their children’s best interests — no matter how well-intentioned they are, how fair the proposed agreements are, what the lawyers do to reduce conflict, or how many tactics are used to ensure everyone’s voice is heard. This is where a child custody evaluation might be the next logical step.
A child custody evaluation is help from a professional evaluator appointed by the court. It can be seen as a last-resort option for custody battles where a decision must be made, and little to no progress has been made after one or several court appearances.
More About the Child Custody Evaluation
A child custody evaluation is a formal investigation or assessment where a third-party evaluator is called to help determine custody arrangements in complex Texas divorce cases. They must observe the family dynamic in person at the family’s home, explore the existing and future safety and welfare of the child, take note of both parents and their abilities to raise the child, speak with the children, and recommend to the court regarding child custody. A court-appointed mental health , usually a psychologist, psychiatrist, or social worker with experience working with families and children, can complete a child custody evaluation.
Per the Texas Family Code, the basic elements of a child custody evaluation can include but aren’t limited to the following:
- A personal interview of each party to the suit seeking conservatorship of, possession of, or access to the child;
- Interviews, conducted in a developmentally appropriate manner, of each child who is the subject of the suit who is at least four years of age during a period of possession of each party to the suit but outside the presence of the party;
- Observation of each child who is the subject of the suit, regardless of the age of the child, in the presence of each party to the suit, including, as appropriate, during supervised visitation, unless contact between a party and a child is prohibited by court order or the person conducting the evaluation has good cause for not conducting the observation and states the good cause in writing provided to the parties to the suit before the completion of the evaluation;
- An observation and, if the child is at least four years of age, an interview of any child who is not a subject of the suit who lives on a full-time basis in a residence that is the subject of the evaluation, including with other children or parties who are subjects of the evaluation, where appropriate;
- The obtaining of information from relevant collateral sources, including the review of relevant school records, physical and mental health records of each party to the suit and each child who is subject to the suit, relevant records of the department obtained under Section 107.111, criminal history information relating to each child who is the subject of the suit, each party to the suit, and each person who lives with a party to the suit, notwithstanding other law, records, or information from any other collateral source that may have relevant information;
- For each individual residing in a residence subject to the child custody evaluation, consideration of any criminal history information and any contact with the department or a law enforcement agency regarding abuse or neglect, and
- An assessment of the relationship between each child who is the subject of the suit and each party seeking possession of or access to the child.
Every child custody case is different, which means the extensiveness and urgency of your child custody evaluation (should you need one) could differ significantly based on the details of your case. However, it is important to note that based on the child custody evaluation, custody could be granted to one parent, both, or a completely separate conservator.
Christman | Daniell Attorneys Can Help
The attorneys at Christman | Daniell Attorneys have a unique and refreshing approach to the often turbulent and emotionally stressful disputes arising in the context of divorce, child custody, and other family law cases. Our firm anchors its representation and legal advice in principles and philosophies that focus on the long-term best interests of children and families. Although difficult, our attorneys are committed to supporting and guiding clients through the dark days of marital discord and crisis.
Our mission is to provide clients with long-range perspectives and outstanding legal advice that help them rebuild their families after marital dissolution. Some cases require aggressive advocacy, where we must deliver the righteous blow of justice, while others require patience, de-escalation, and diplomatic solutions. Especially when children are involved, we help the client develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls largely on the innocent and impressionable children of divorce. Christman | Daniell Attorneys’ primary goal is to protect our client’s interests, equip them for a difficult journey, and deliver skilled and legal advocacy and advice.
Please call Christman | Daniell Attorneys for your legal needs today!
Looking for family law services in Texas? Christman | Daniell Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.