Tex.
Fam. Code Section 104.008
Certain Testimony Prohibited
(a)
A person may not offer an expert opinion or recommendation relating to the conservatorship of or possession of or access to a child at issue in a suit unless the person has conducted a child custody evaluation relating to the child under Subchapter D (Definitions), Chapter 107 (Special Appointments, Child Custody Evaluations, and Adoption Evaluations).(a-1)
Subsection (a) does not prohibit a person from offering an expert opinion regarding the qualifications of, reliability of the methodology used by, or relevance of the information obtained by a person who has conducted a custody evaluation relating to the child under Subchapter D (Definitions), Chapter 107 (Special Appointments, Child Custody Evaluations, and Adoption Evaluations), as long as the person’s testimony does not violate Subsection (a).(b)
In a contested suit, a mental health professional may provide other relevant information and opinions, other than those prohibited by Subsection (a), relating to any party that the mental health professional has personally evaluated.(c)
This section does not apply to a suit in which the Department of Family and Protective Services is a party.
Source:
Section 104.008 — Certain Testimony Prohibited, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.104.htm#104.008 (accessed Apr. 20, 2024).
