Form 56-24

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Order for Child Custody Evaluation

On [date], the Court considered the Motion for Child Custody Evaluation of [name of movant]. The Court finds that a child custody evaluation is appropriate and is in the best inter­est of the child[ren]. [Include if applicable: The Court further finds that the parties agree to a child custody evaluation.] [Include if applicable: The Court further finds that [name] is a non­parent seeking conservatorship of the child[ren] and that there is good cause shown for the appointment of a child custody evaluator.]

The Court finds that [name] is qualified to conduct a child custody evaluation pursuant to section 107.104 of the Texas Family Code, as documented by [name].

The Court finds that an individual who meets the requirements of section 107.104 of the Texas Family Code is not available in the county to conduct a child custody evaluation in a timely manner and that [name] is otherwise qualified to conduct the child custody evalua­tion. [Name] shall comply with all provisions of chapter 107, subchapter D, of the Texas Fam­ily Code other than section 107.104.

The Court finds that [name of party who does not speak English as a primary language] does not speak English as a primary language. The Court finds that [name] [is able to effec­tively communicate in the primary language of [name of party who does not speak English as a primary language]/will be assisted by a licensed or certified interpreter].

IT IS THEREFORE ORDERED that [name] is appointed as the child custody evalua­tor. The child custody evaluator shall conduct a child custody evaluation regarding the cir­cumstances and condition of [the/each] child the subject of this suit [,/and] each party to this suit [include if applicable: , and the residence of any person requesting conservatorship of, possession of, or access to a child the subject of this suit].

All [counsel/parties] are ORDERED to [fax/mail/email] a copy of this order to [name, phone number, fax number, address, email address] within [number] business days of the signing of this order. Each party is ORDERED to contact the child custody evaluator on or before [time] [a.m./p.m.] on the [number] business day following the date this order is signed to schedule that party’s first appointment with the child custody evaluator.

The child custody evaluator shall select a date for each party’s first appointment, and each party is ORDERED to appear at the initial appointment and any appointment thereafter as directed by the child custody evaluator, to facilitate the completion of the evaluation. Each party is further ORDERED to make the child[ren] available to the child custody evaluator as directed by the evaluator when these appointments occur during that party’s court-ordered periods of possession of or access to the child[ren]. The party in possession of the child[ren] at the time of the other party’s appointment is ORDERED to release the child[ren] to the other party for evaluation with the other party as directed by the child custody evaluator.

IT IS ORDERED that the child custody evaluator shall conduct a child custody evalua­tion in compliance with this order, any additional order of the Court, any local rules adopted by the Court applicable to a child custody evaluation, and chapter 107, subchapter D of the Texas Family Code. The child custody evaluator’s actions shall conform with the professional standard of care applicable to the child custody evaluator’s professional license and any administrative rules, ethical standards, or guidelines by the licensing authority that licenses the evaluator. [Include if applicable: IT IS FURTHER ORDERED that a licensed or certified interpreter may accompany the child custody evaluator in person or assist through use of audio or video conferencing technology.]

IT IS ORDERED that the child custody evaluation shall consist of—

1.A personal interview of each party to the suit seeking conservatorship of, posses­sion of, or access to the child[ren] the subject of this suit;

2.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;

3.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;

4.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;

5.the obtaining of information from relevant collateral sources, including the review of—

a.relevant school records;

b.relevant physical and mental health records of each party to the suit and each child who is the subject of the suit;

c.relevant records of the Department of Family and Protective Services obtained under section 107.111 of the Texas Family Code;

d.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; and

e.notwithstanding other law, records or information from any other collateral source that may have relevant information;

6.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 of Family and Protective Services or a law enforcement agency regarding abuse or neglect; and

7.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.

IT IS FURTHER ORDERED that the child custody evaluation shall consist of the fol­lowing additional elements:

1.balanced interviews and observations of each child who is the subject of the suit so that a child who is interviewed or observed while in the care of one party to the suit is also interviewed or observed while in the care of each other party to the suit;

2.an interview of each individual, including a child who is at least four years of age, residing on a full-time or part-time basis in a residence subject to the child custody evaluation;

3.evaluation of the residence [include if applicable: ,  which [shall/shall not] include a visit to the residence,] of each party seeking conservatorship of a child who is the subject of the suit or possession of or access to the child;

4.observation of a child who is the subject of the suit with each adult who lives in a residence that is the subject of the evaluation;

5.an interview, if the child is at least four years of age, and observation of a child who is not the subject of the suit but who lives on a full-time or part-time basis in a residence that is the subject of the evaluation;

6.psychometric testing, if necessary, consistent with section 107.110 of the Texas Family Code; and

7.the performance of other tasks requested of the evaluator by the Court, includ­ing—

a.a joint interview of the parties to the suit or

b.the review of any other information that the Court determines is relevant.

IT IS ORDERED that each party the subject of the evaluation shall provide the child custody evaluator with all information and documents requested by the evaluator. IT IS FUR­THER ORDERED that each party shall execute any and all HIPAA releases requested by the child custody evaluator within three business days of the evaluator’s request that a party exe­cute any such release.

IT IS ORDERED that any person who participates in the child custody evaluation is not a patient as that term is defined by section 611.001(1) of the Texas Health and Safety Code.

Notwithstanding any rule, standard of care, or privilege that applies to the child custody evaluator’s professional license, any communication made by a participant in the child cus­tody evaluation is subject to disclosure and may be offered in any judicial or administrative proceeding, if otherwise admissible under the rules of evidence.

IT IS ORDERED that the child custody evaluator shall prepare a written report pursu­ant to this order, any additional order of the Court, and section 107.113 of the Texas Family Code, containing the evaluator’s findings, opinions, recommendations, and answers to spe­cific questions asked by the Court relating to the evaluation [, including but not limited to the following question[s]:/.]

Should the parties be appointed as joint managing conservators of the child[ren]?

Which party should have the exclusive right to determine the primary residence of the child[ren]?

What periods of possession of and access to the child[ren] should be ordered for each party?

In addition, the child custody evaluator should consider the following:

Which party is best able to meet the emotional needs of the child[ren]?

Which party is best able to meet the physical needs of the child[ren]?

Should either party’s possession of and access to the child[ren] be supervised?

Does either parent present a physical or emotional danger to the child[ren]?

What is the nature and quality of parental communication between the parties?

What effect does each party’s communication with the other party have on the parties’ parenting abilities?

What effect does each party’s communication with the other party in the presence of the child[ren] have on the child[ren]?

IT IS ORDERED that the child custody evaluator shall identify in the report any basic element or any additional element that was not completed. The evaluator IS ORDERED to explain the reasons the element was not completed and include an explanation of the likely effect of the missing element on the confidence the child custody evaluator has in the evalua­tor’s expert opinion.

IT IS ORDERED that by [date] the child custody evaluator shall file with the Court notice that the report is complete. IT IS FURTHER ORDERED that on the earlier of the date the notice is filed or the date required under section 107.114 of the Texas Family Code, the child custody evaluator shall provide a copy of the child custody evaluation report to the attor­ney for each party, to any self-represented party, and to each attorney ad litem, guardian ad litem, and amicus attorney appointed in the suit. IT IS FURTHER ORDERED that each attor­ney is authorized to disclose a copy of the report to the client and any expert retained on behalf of the client, and any self-represented party is authorized to disclose a copy of the report to any expert retained on behalf of the party.

IT IS FURTHER ORDERED that the child custody evaluator shall maintain and retain the evaluator’s records in accordance with section 107.112 of the Texas Family Code and any applicable laws, including rules applicable to the evaluator’s license.

IT IS ORDERED that if the child custody evaluator discovers that the evaluator has a conflict of interest that the evaluator believes the evaluator has with, or previous knowledge (other than knowledge obtained in a court-ordered evaluation) of, a party to this suit or a child the subject of this suit, the evaluator shall immediately disclose the conflict or previous knowledge to the Court, each attorney for a party to this suit, any attorney for a child the sub­ject of this suit, and any party to this suit who does not have an attorney. IT IS ORDERED that, after making such a disclosure, the evaluator shall resign from the appointment as evalu­ator unless the Court finds that the evaluator has no conflict of interest with a party to this suit or a child who is the subject of this suit and the evaluator’s previous knowledge of any party to this suit or a child who is the subject of this suit is not relevant, or the parties and any attor­ney for a child who is the subject of this suit agree in writing to the evaluator’s continued appointment as the child custody evaluator.

IT IS ORDERED that the child custody evaluator shall comply with all requirements of subchapter D of chapter 107 of the Texas Family Code, including sections 107.107 and 107.108, a copy of which is attached to this order.

IT IS ORDERED that the fees of the child custody evaluator shall be paid [[percent] percent by [name] and [percent] percent by [name]/by [name]]. [Include if applicable: Each party is responsible for that party’s defined portion of cost.] [[Name]/Each party] is ordered to pay directly to the child custody evaluator the assigned fees as required by the child custody evaluator. The Court reserves the right to order a reasonable fee for the preparation of the child custody evaluation as a money judgment to be paid directly to the child custody evalua­tor, which judgment may be enforced by any means available under law for civil judgments. [Include if applicable: IT IS ORDERED that any costs associated with obtaining the assistance of a licensed or certified interpreter shall be paid by [[name]/[percent] percent by [name] and [percent] percent by [name]].]

IT IS ORDERED that the child custody evaluation report shall be sealed.

SIGNED on ________________________________.

   
JUDGE PRESIDING