ADDITIONAL INFORMATION
Child Custody Evaluators. All DRO evaluators meet the qualifications in Texas Family Code, Chapter 107, Subchapter D.
Case Assignment. Cases are assigned in a rotating basis after the parties have paid all fees, including travel fees is assessed.
Evaluation Cost. The cost of the evaluation is based on a sliding scale contained in the Court’s order based on each party's gross income. Income verification is completed by the Domestic Relations Office. All fees must be paid before the evaluation is assigned. Fees can be paid via cash, money order, or credit card. The fastest method to pay fees is through this website, however, fees may also be paid in person at 1310 Prairie, Suite 1080. Fees are nonrefundable once the case is assigned. Cases cancelled before assignment to an evaluator may receive a refund, less a $50 processing cost.
Travel Costs. Parties who reside outside Harris County are required to pre-pay estimated travel costs which are sent by email after the evaluation fees have been paid. Travel costs can include mileage, airfare, parking, taxis, meals ($55 per diem for a full day), gas, tolls, car rental, hotel, etc. The evaluation will not commence until travel fees are paid.
Guidelines. All child custody evaluations must meet the standards in Texas Family Code, Chapter 107, Subchapter D.
The Process. Each case has unique factors and considerations based on family dynamics. However, the following processes apply to every evaluation.
a. Personal History Questionnaire. Available on our website, each adult residing in a party’s home must complete this Questionnaire. The questionnaire provides the evaluator with information needed to conduct the evaluation and should be completely upon case assignment, but not later than the Joint Interview.
b. Joint Interview. The parties will first participate in a joint interview at the Domestic Relations Office. Both parties are expected to be present and participate.
c. Home Visits. A home visit will be completed to each party’s house. During the home visit, all occupants of the home must be present, including those who reside on a part-time basis in the home. The visit will include: (1) a family interview; (2) subsequent individual interviews/observation of ALL residents; and (3) a home tour. Private, dedicated space is necessary for the interviews.
d. Recordings Prohibited. The parties may not record any interview that is part of the child custody evaluation. The evaluator may not record any interview that is part of the child custody evaluation, except for the child interview which is required by the Texas Family Code.
e. Recorded Sources of Information. Videotapes, audiotapes, and other digital forms of communication, such as social media postings and text messages, should not be furnished by parties as evidence. The evaluator is unable to authenticate this information. A party may summarize the information contained in that information in a document and provide to the evaluator.
f. Substance Abuse. If substance abuse is an element of the evaluation, the evaluator may request hair/follicle testing and the results filed with the Court.
g. Third Party Providers. The Order for Child Custody Evaluation provides: “Each party is ORDERED to sign appropriate releases for the DRO to review the children’s and party’s school records, physical and mental health records and records from any other collateral source that may have relevant information.” Such information is required to be considered by the evaluation as a basic element of the evaluation.
h. Personal References. Each party may ask three (3) personal references to complete a Custody Reference Questionnaire found on this website. The questionnaire provides insight into the relationship between the children in question and each party.
i. Criminal History. By statute, records are requested for each person over 14 residing in the home.
j. CPS History. By statute, records are requested for each person residing in the home.
k. Timeframe. Child Custody Evaluations are generally completed within 90 days of assignment to the evaluator (See FAQ for more information).
Evaluation Reports. Upon completion, an evaluation report is filed with the Court and consists of (1) a Notice of Completion, (2) the Report, and (3) Personal References. The Report is filed as a confidential document and is only viewable to the lawyers and parties. After filing, the evaluator disseminates the evaluation report to each attorney of record.
Conclusion of custody evaluation. After the Report is filed, the evaluator will not engage in further investigation or communication with the parties. If after filing the evaluation, additional information becomes available that is relevant to the evaluation, the evaluator may file a supplement to the evaluation. If the information affects the conclusion or recommendations of the evaluator or if there are edits necessary to correct a basic element, an amended report may be filed.
If additional services become necessary, a new court order must be secured and additional fees paid prior to the evaluation being re-opened.
Attorney Communication. An evaluator must communicate with both attorneys when discussing any substantive issue (Chapter 107, Texas Family Code). Evaluators will decline any invitation to speak with an attorney regarding a substantive issue, except for conversations with the attorney ad litem.
Evaluator’s Testimony. When requested by subpoena, FCS evaluators will provide expert testimony on cases, regardless of whether the evaluation is in progress or is completed. A subpoena must be received by the evaluator in person, by email or through the mail. The subpoena is not required to be served through a process server or law enforcement.
Report Records. Upon filing a Report, records relating to a child custody evaluation are available to parties only. The request must be by subpoena duces tucum and the party must prepay fees of $.40 per page and $25 administrative fee. As all records are retained on a case management system, in-camera inspection is not possible.
Due to privacy laws, third party records, including but not limited to medical, psychiatric or psychological will not be released without a court order. Under no circumstances may FCS provide Texas Department of Family & Protective Services or Texas Department of Public Safety records, even by court order. A party seeking third party records should request those records from the third-party provider identified in the Report.
Any subpoena for third party records will result in a Motion to Quash and notice to the third-party provider. Any subpoena for the audiovisual recording of a child will result in a Motion to Quash and Request for In-Camera Inspection before a video is released.
Additional information is listed under the FREQUENTLY ASKED QUESTIONS subtab.