Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

D. Preponderance of the Evidence

To show a “preponderance of evidence” is to have evidence that is of greater weight or is more convincing than the evidence that is offered in opposition to it. A metaphor to illustrate the concept of preponderance is the scales of justice rising slightly higher on one side; that is enough to meet the standard of “preponderance of the evidence.” It is the standard of proof which is generally used in civil cases. This burden applies to:

•   60 Day Status Review. Tex. Fam. Code § 105.005;

•   Permanency Hearing before Final Order. Tex. Fam. Code § 105.005;

•   Final Order Awarding Permanent Managing Conservatorship (PMC) (without termination). Tex. Fam. Code § 105.005;

•   Permanency Hearing after Final Order. Tex. Fam. Code § 105.005;

•   Adoption Hearing. Tex. Fam. Code § 105.005; and

•   Hearing on reinstatement of parental rights. Tex. Fam. Code § 161.303.