Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 107. SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS
Texas Codes

Tex. Fam. Code § 107.101 (2026)

Definitions

✓ current as of May 2026
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Sec. 107.101. DEFINITIONS. In this subchapter:

(1) "Child custody evaluation" means an evaluative process ordered by a court in a contested case through which information, opinions, recommendations, and answers to specific questions asked by the court may be:

(A) made regarding:

(i) conservatorship of a child, including the terms and conditions of conservatorship;

(ii) possession of or access to a child, including the terms and conditions of possession or access; or

(iii) any other issue affecting the best interest of a child; and

(B) made to the court, the parties to the suit, the parties' attorneys, and any other person appointed under this chapter by the court in the suit.

(2) "Child custody evaluator" means an individual who conducts a child custody evaluation under this subchapter. The term includes a private child custody evaluator.

(3) "Department" means the Department of Family and Protective Services.

(4) "Person" includes an agency or a domestic relations office.

(5) "Private child custody evaluator" means a person conducting a child custody evaluation who is not conducting the evaluation as an employee of or contractor with a domestic relations office.

(6) "Supervision" means directing, regularly reviewing, and meeting with a person with respect to the completion of work for which the supervisor is responsible for the outcome. The term does not require the constant physical presence of the person providing supervision and may include telephonic or other electronic communication.

Added by Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 1, eff. September 1, 2007.

Redesignated and amended from Family Code, Section 107.0501 by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.03, eff. September 1, 2015.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2020–2025 · leading case: in Re J.H., No. 02-22-00457-CV (Tex. App.—Fort Worth Jan. 19, 2023).
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in the Interest of B.J.Y., a Child, No. 06-19-00085-CV (Tex. App.—Texarkana May 6, 2020). “” TEX. FAM. CODE ANN. § 107.101(1)(A)(ii). 12 Section 156.”
in Re J.H., No. 02-22-00457-CV (Tex. App.—Fort Worth Jan. 19, 2023). “Father points out that the Texas Family Code contains procedures and requirements for a child-custody evaluation, see Tex. Fam. Code Ann. §§ 107.101 107.103, 107.”
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). “TEX. FAM. CODE §107.101(a). It is important to note at the outset that the Family Code also provides that a person who participates in a child custody evaluation is not a "patient" as defined by Section 611.”
In the Matter of the Marriage of Tamara Lynn Fraker & Christopher Schubert & in the Interest of D.R.S., a Child v. the State of Texas, No. 13-23-00340-CV (Tex. App.—Corpus Christi–Edinburg July 24, 2025). “See TEX. FAM. CODE ANN. § 107.101(1). “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” as provided for in the family…”
Tex. Fam. Code § 107.101(1): 1 case
In the Matter of the Marriage of Tamara Lynn Fraker & Christopher Schubert & in the Interest of D.R.S., a Child v. the State of Texas, No. 13-23-00340-CV (Tex. App.—Corpus Christi–Edinburg July 24, 2025). “See TEX. FAM. CODE ANN. § 107.101(1). “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” as provided for in the family…”
Tex. Fam. Code § 107.101(1)(A)(ii): 1 case
in the Interest of B.J.Y., a Child, No. 06-19-00085-CV (Tex. App.—Texarkana May 6, 2020). “” TEX. FAM. CODE ANN. § 107.101(1)(A)(ii). 12 Section 156.”
Tex. Fam. Code § 107.101(a): 1 case
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). “TEX. FAM. CODE §107.101(a). It is important to note at the outset that the Family Code also provides that a person who participates in a child custody evaluation is not a "patient" as defined by Section 611.”
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