Tex.
Fam. Code Section 107.107
Child Custody Evaluator: Conflicts of Interest and Bias
(a)
Before accepting appointment as a child custody evaluator in a suit, a person must disclose to the court, each attorney for a party to the suit, any attorney for a child who is the subject of the suit, and any party to the suit who does not have an attorney:(1)
any conflict of interest that the person believes the person has with any party to the suit or a child who is the subject of the suit;(2)
any previous knowledge that the person has of a party to the suit or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation;(3)
any pecuniary relationship that the person believes the person has with an attorney in the suit;(4)
any relationship of confidence or trust that the person believes the person has with an attorney in the suit; and(5)
any other information relating to the person’s relationship with an attorney in the suit that a reasonable, prudent person would believe would affect the ability of the person to act impartially in conducting a child custody evaluation.(b)
The court may not appoint a person as a child custody evaluator in a suit if the person makes any of the disclosures in Subsection (a) unless:(1)
the court finds that:(A)
the person has no conflict of interest with a party to the suit or a child who is the subject of the suit;(B)
the person’s previous knowledge of a party to the suit or a child who is the subject of the suit is not relevant;(C)
the person does not have a pecuniary relationship with an attorney in the suit; and(D)
the person does not have a relationship of trust or confidence with an attorney in the suit; or(2)
the parties and any attorney for a child who is the subject of the suit agree in writing to the person’s appointment as the child custody evaluator.(c)
After being appointed as a child custody evaluator in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, any attorney for a child who is the subject of the suit, and any party to the suit who does not have an attorney any discovery of:(1)
a conflict of interest that the person believes the person has with a party to the suit or a child who is the subject of the suit; and(2)
previous knowledge that the person has of a party to the suit or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation.(d)
A person shall resign from the person’s appointment as a child custody evaluator in a suit if the person makes any of the disclosures in Subsection (c) unless:(1)
the court finds that:(A)
the person has no conflict of interest with a party to the suit or a child who is the subject of the suit; and(B)
the person’s previous knowledge of a party to the suit or a child who is the subject of the suit is not relevant; or(2)
the parties and any attorney for a child who is the subject of the suit agree in writing to the person’s continued appointment as the child custody evaluator.(e)
A child custody evaluator who has previously conducted a child custody evaluation for a suit may conduct all subsequent evaluations in the suit unless the court finds that the evaluator is biased.(f)
An individual may not be appointed as a child custody evaluator in a suit if the individual has worked in a professional capacity with a party to the suit, a child who is the subject of the suit, or a member of the party’s or child’s family who is involved in the suit. This subsection does not apply to an individual who has worked in a professional capacity with a party, a child, or a member of the party’s or child’s family only as a teacher of parenting skills in a group setting, with no individualized interaction with any party, the child, any party’s family, or the child’s family, or as a child custody evaluator who performed a previous evaluation. A child custody evaluator who has worked as a teacher of parenting skills in a group setting that included a party, a child, or another person who will be the subject of an evaluation or has worked as a child custody evaluator for a previous evaluation must notify the court and the attorney of each represented party or, if a party is not represented, the evaluator must notify the party. For purposes of this subsection, “family” has the meaning assigned by Section 71.003.
Source:
Section 107.107 — Child Custody Evaluator: Conflicts of Interest and Bias, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.107.htm#107.107 (accessed Apr. 13, 2024).
