Attorneys handling cases involving custody disputes should be aware of a new law that affects how child custody evaluations should be conducted. Currently, Section 107 of the Texas Family Code establishes certain criteria for individuals to be considered qualified to be appointed by the court to conduct a child custody evaluation. These criteria include obtaining a specified level and type of education, followed by two years of full-time or a comparable amount of part-time experience and “two years of full-time experience or equivalent supervised part-time work involving assessment of physical, intellectual , social and psychological functioning and needs and have developed an understanding of the social and physical environment, both present and future, to meet those needs.” Effective September 1, 2023, HB 4062 requires child custody evaluators to create an audiovisual recording any interviews with children. This mandate, even if waived with the consent of counsel, child custody evaluators, and the parties, creates new bait for cross-examination in child custody disputes.
The original version of HB 4062 included separate alternatives regarding the recording methodology: