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Demystifying Evidence Rules in Texas Family Law: Safeguarding Non-Custodial Parents’ Rights

by | Nov 11, 2023 | Firm News


Family law cases, particularly those concerning child custody, demand a nuanced understanding of the legal framework. This blog delves into Chapter 104 of the Texas Family Code, which outlines evidence rules crucial for all parties involved. Non-custodial parents, often fathers or husbands, play a pivotal role in these cases, and comprehending these rules is essential for protecting their rights.

Navigating the Texas Rules of Evidence (Sec. 104.001):

The Texas Rules of Evidence serve as the cornerstone for presenting information in family law cases. Non-custodial parents must familiarize themselves with these rules to navigate the legal landscape effectively. A grasp of how evidence is admitted, challenged, and examined is instrumental in building a robust case and safeguarding parental rights.

Admissible Child Statements (Sec. 104.002):

In cases where a child aged 12 or younger is alleged to have been abused, the recorded oral statement of the child becomes admissible under specific conditions. Non-custodial parents, particularly fathers, should be aware of the nuances surrounding the admissibility of these statements. Factors such as the absence of attorneys during the statement and the accuracy of the recording are critical considerations for effective legal strategy.

Recording Child Testimonies (Sec. 104.003):

Courts may order the recording of a child’s testimony outside the courtroom, subject to certain guidelines. Non-custodial parents must comprehend these guidelines, ensuring the child’s welfare is prioritized during the testimony. Awareness of who can be present in the room, who can question the child, and the technological aspects of recording is vital for strategic legal representation.

Remote Testimonies and In-Court Testimony Substitution (Sec. 104.004 and Sec. 104.005):

Under specific circumstances, courts may allow remote televised broadcasts or substitutions for in-court testimony for children alleged to have been abused. Non-custodial parents, including fathers and husbands, should acquaint themselves with these provisions, which can significantly impact legal proceedings. Understanding when and how these options may be invoked is essential for strategic legal planning.

Hearsay Statements of Child Abuse Victims (Sec. 104.006):

The Family Code permits the admission of hearsay statements made by a child abuse victim under certain conditions. Non-custodial parents need to be cognizant of the reliability factors considered by the court and the circumstances under which such statements can be admitted. Preparedness to address these aspects can profoundly influence the case’s outcome.

Video Testimonies of Professionals (Sec. 104.007):

In cases brought by the Department of Family and Protective Services, courts may order the video testimony of professionals. Non-custodial parents, especially fathers and husbands, should comprehend the circumstances under which this may occur and the safeguards in place to ensure a fair process. Awareness of these provisions aids in navigating the complexities of such proceedings.

Expert Opinions and Child Custody Evaluations (Sec. 104.008):

Non-custodial parents must approach expert opinions related to conservatorship, possession, or access to a child with caution. The law mandates that such opinions be based on a child custody evaluation. Understanding the limitations and scope of expert testimonies is crucial in formulating an effective legal strategy.


Mastering evidence rules in Texas family law is a critical endeavor for non-custodial parents, particularly fathers and husbands. By unraveling these rules, parents can safeguard their rights and ensure a fair legal process. Seeking legal counsel for interpreting and applying these rules in the context of specific cases is highly recommended for the best possible outcome. Understanding these rules empowers non-custodial parents in the pursuit of a just resolution in family law matters.