The Role of a Child’s Emotional and Psychological Professional in a Custody Determination
If you’re a party to a divorce and your minor child is being treated by a psychologist or counselor, it may seem like a reasonable question—can the therapist make a custody recommendation? After all, the therapist has been working directly and confidentially with the child and may have the best understanding of the child’s well-being, particularly when it comes to custody and visitation. Do the courts in Texas allow a child’s counselor to propose the terms of custody and visitation after a divorce?
Texas Does Not Permit a Child’s Therapist to Make a Custody Recommendation
In Texas, pursuant to both the Texas Family Code and the ethical constraints placed upon therapists, making a child custody recommendation may be problematic or even prohibited. Section 104.008 of the Texas Family Code, which was put in place in March 2016, prohibits an individual from offering either a recommendation or an expert opinion regarding conservatorship (custody) or possession/access (visitation) unless the person has conducted a child custody evaluation ordered by the court.
Additionally, the code of ethics to which such therapists must adhere does not allow the therapist to make psychological assessments of someone they have not personally evaluated. Accordingly, if a therapist has not personally treated or assessed a parent, he or she cannot recommend that the parent be granted or denied custody.
A caveat—the prohibition against making a custody recommendation will not preclude a child’s therapist from testifying in court about their observations or assessments of the child, or of any proposed treatment plans for the child.
Contact Experienced Texas Family Law Attorney Chrysandra S. Bowen
At DTX Family Law, we always put your interests first. We know that the legal process can be complex and confusing, and we’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our new website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties, and the cities of New Hope, Lowry Crossing, Fairview, Farmersville, Gainesville, Lindsay, Rosston, Oak Ridge, Callisburg, Muenster, Valley View, Myra, Woodbine, Marysville, Bulcher, Decatur Bridgeport, Rhome, Boyd, Chico, Paradise, Aurora, Alvord, New Fairview, Lake Bridgeport, Arlington, and North Richland Hills