Tex. Fam. Code § 104.008 · Chapter 104. EVIDENCE
CERTAIN TESTIMONY PROHIBITED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.104.htm
- Text hash
- sha256 65653a7b22809cfd74ba1ce06611bf4d6463769e658da407378673b5509242da
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.