When a couple is unable to agree on parenting and custody arrangements, the court may recommend or insist that a child custody evaluation be performed. Such evaluations are done by forensic child custody evaluator professionals who have specialized training in these matters. Evaluations generally involve psychological testing of both the parents and children. Extensive questioning, probing and investigation of relevant issues can make this a lengthy process.

Once concluded, the evaluator’s report and testimony will aid the court to make a custody decision that is in the best interest of the children. After the court receives the report and the recommendations, it can choose to adopt all, some, or none of the evaluator’s recommendations. From an evidentiary perspective, is there a difference between the evaluator’s report and the evaluator’s testimony? This question was addressed recently by the Court of Appeals, Thirteenth District of Texas, in the case, In the Interest of M.L.P., J.L.P. and M.A.P., Children, Number 13-20-00547-CV (2022).

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