Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 104. EVIDENCE
Texas Codes

Tex. Fam. Code § 104.008 (2026)

Certain Testimony Prohibited

✓ current as of May 2026
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Sec. 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, Chapter 107.

(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, Chapter 107, 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.

Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 2.01, eff. September 1, 2015.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 1114 (H.B. 891), Sec. 1, eff. September 1, 2023.

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2021–2024 · leading case: in Re Prabhakar Gopalan, No. 03-21-00209-CV, 2021 WL 2964263 (Tex. App.—Austin July 15, 2021).
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in Re Prabhakar Gopalan, No. 03-21-00209-CV, 2021 WL 2964263 (Tex. App.—Austin July 15, 2021). · cites it 3× “Simione did not perform a custody evaluation, they diverge sharply on the significance of that fact.”
Patricia S. Quinn, LCSW (Incorrectly Sued as Patricia S. Quinn, LMSW) v. Matthew D. Melton, No. 10-23-00126-CV (Tex. App.—Waco July 25, 2024). · cites it 2× “See TEX. FAM. CODE §104.008(a). Quinn prepared the evaluation report which was filed in Melton's divorce proceeding on January 19, 2019.”
in the Interest of N.W.C., a Minor Child, No. 05-21-00882-CV (Tex. App.—Dallas Jan. 23, 2023). “008 precludes a person from offering an expert opinion or recommendation relating to conservatorship of, possession of, or access to a child at issue in a suit unless that person has conducted a child custody evaluation under Family Code chapter 107. FAM. § 104.008. The excluded…”
In Re S.N. v. the State of Texas, No. 02-24-00017-CV (Tex. App.—Fort Worth Feb. 13, 2024). “See Tex. Fam. Code Ann. § 104.008 (a) (stating that a person “may not offer 7 Hawn testified that when she evaluated the children in 2021, J.”
Tex. Fam. Code § 104.008(a): 2 cases
in Re Prabhakar Gopalan, No. 03-21-00209-CV, 2021 WL 2964263 (Tex. App.—Austin July 15, 2021). “Simione did not perform a custody evaluation, they diverge sharply on the significance of that fact.”
Patricia S. Quinn, LCSW (Incorrectly Sued as Patricia S. Quinn, LMSW) v. Matthew D. Melton, No. 10-23-00126-CV (Tex. App.—Waco July 25, 2024). “See TEX. FAM. CODE §104.008(a). Quinn prepared the evaluation report which was filed in Melton's divorce proceeding on January 19, 2019.”
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