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Navigating Evidence Rules in Texas Family Law: Protecting Non-Custodial Parents’ Rights

by | Nov 11, 2023 | Firm News


Family law cases, particularly those involving child custody, are complex and emotionally charged. In Texas, the legal framework guiding these cases is outlined in the Family Code. This blog focuses on Chapter 104 of the Family Code, which pertains to evidence rules. Specifically, we’ll explore the implications of these rules for non-custodial parents, particularly fathers and husbands.

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

The Texas Rules of Evidence form the foundation for presenting facts and information in family law cases. Non-custodial parents, often fathers or husbands, should be aware of these rules to ensure a fair and just legal process. Understanding how evidence is admitted, examined, and challenged is crucial in building a robust case.

Admissibility of a Child’s Statement (Sec. 104.002):

In cases where a child aged 12 or younger is alleged to have been abused, the recording of an oral statement made by the child is admissible as evidence under certain conditions. Non-custodial parents should pay attention to factors such as the absence of attorneys during the statement, the accuracy of the recording, and the identification of voices. Being aware of these conditions helps in understanding the evidentiary landscape and preparing an effective legal strategy.

Recording Child Testimony (Sec. 104.003):

The court may order the testimony of a child to be recorded outside the courtroom, subject to specific guidelines. Non-custodial parents must be familiar with these guidelines, ensuring that the child’s welfare is prioritized during the testimony. Understanding who can be present in the room, who can question the child, and the technological aspects of recording is vital for effective legal representation.

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

In certain situations, the court may allow remote televised broadcasts or substitutions for in-court testimony for children alleged to have been abused. Non-custodial parents need to be aware of these provisions, which can impact the dynamics of the legal proceedings. Understanding when and how these options may be invoked is essential for strategic legal planning.

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

The Family Code allows the admission of hearsay statements made by a child abuse victim under specific circumstances. Non-custodial parents should be cognizant of the reliability factors considered by the court and the conditions under which such statements can be admitted. Being prepared to address these aspects can significantly influence the outcome of the case.

Video Testimony of Professionals (Sec. 104.007):

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

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

Non-custodial parents need to be cautious about expert opinions related to conservatorship, possession, or access to a child. The law requires that an expert opinion be based on a child custody evaluation. Understanding the limitations and scope of expert testimonies is crucial in formulating an effective legal strategy.


Navigating the intricacies of evidence rules in Texas family law is paramount for non-custodial parents, especially fathers and husbands. By understanding these rules, parents can better protect their rights, ensuring a fair and just legal process. Seeking legal counsel to interpret and apply these rules in the context of specific cases is highly recommended for the best possible outcome.