Attorneys handling custody-related cases should be aware of a new law that affects how child custody assessments are conducted. Currently, Section 107 of the Texas Family Code establishes certain criteria for individuals to be deemed qualified to be commissioned by the court to conduct a custody review. These criteria include the acquisition of a specified level of education and type of training, followed by two years of full-time experience or an equivalent amount of part-time experience, and “two years of full-time experience or equivalent supervised part-time work that includes assessment”. of physical, intellectual, social and psychological functioning and needs and developed an understanding of the present and future social and physical environment in order to meet those needs.” Effective September 1, 2023, HB 4062 requires custody assessors to provide an audiovisual recording of all Have to create interviews with children. Even if this mandate is waived with the consent of attorneys, custody experts, and parties, it creates new lures for cross-examination in custody disputes.
The original version of HB 4062 contained disjunctive alternatives in terms of recording methodology:
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