Helping Texans with a variety of family law cases, including child custody and divorce.

Relevance and Limits in Texas Family Law: A Comprehensive Guide for Non-Custodial Parents: ARTICLE IV. RELEVANCE AND ITS LIMITS

by | Nov 11, 2023 | Firm News

Presented by The Beveridge Law Firm


For non-custodial parents fighting for their rights in family court, understanding the intricacies of evidence rules is crucial. In this blog, we delve into the relevance and limitations outlined in Texas Rules of Evidence, offering insights specifically tailored for non-custodial parents in Brazoria and Galveston counties.

Q: What is the test for determining the relevance of evidence under Rule 401?

A: Rule 401 establishes that evidence is relevant if it has any tendency to make a fact more or less probable and the fact is of consequence in determining the action. Non-custodial parents should be aware of this standard when presenting their cases.

Q: How does Rule 402 impact the admissibility of relevant evidence in family court?

A: Rule 402 asserts that relevant evidence is generally admissible unless prohibited by constitutional provisions, statutes, these rules, or other rules under statutory authority. Non-custodial parents should understand the grounds under which evidence might be deemed inadmissible.

Q: What factors does the court consider under Rule 403 when excluding relevant evidence?

A: Rule 403 allows the court to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, misleading the jury, undue delay, or presenting cumulative evidence. Non-custodial parents should be prepared for strategic decisions regarding the introduction of evidence.

Q: How does Rule 404 govern the use of character evidence in family court?

A: Rule 404 restricts the use of character evidence, stating it is not admissible to prove that a person acted in accordance with their character. However, exceptions exist for accused individuals, victims, and witnesses. Non-custodial parents should understand when and how character evidence may be admissible.

Q: What role do specific instances of conduct play in proving character under Rule 405?

A: Rule 405 outlines that character or character traits may be proved by reputation, opinion, or relevant specific instances of conduct. Non-custodial parents should be aware of the permissible methods to establish character in family court.

Q: How does Rule 406 address habit and routine practice in family law proceedings?

A: Rule 406 allows evidence of a person’s habit or an organization’s routine practice to be admitted, demonstrating that, on a particular occasion, the person or organization acted in accordance with the habit or routine. Non-custodial parents should consider how this rule may apply to their case.

Q: What is the significance of Rule 407 regarding subsequent remedial measures?

A: Rule 407 states that evidence of subsequent measures taken to prevent harm is not admissible to prove negligence or culpable conduct. However, it may be admissible for other purposes such as impeachment or proving ownership, control, or feasibility of precautionary measures. Non-custodial parents should understand how this rule might affect their case.

Call to Action:

If you’re a non-custodial parent facing legal challenges in Brazoria or Galveston county, The Beveridge Law Firm is here to support you. Call us at 281-407-0961 or submit your information at to schedule a consultation. We are dedicated to ensuring that non-custodial parents have a fair chance at securing the time they deserve with their children.