Texas Family Code - FAM § 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;

(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 .


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