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

A Comprehensive Guide to Evidence in Texas Family Law

by | Jan 13, 2024 | Firm News

Introduction: In the intricate landscape of family law, understanding and effectively utilizing evidence is crucial, particularly in Texas. Evidence serves as the cornerstone in proving or disproving the facts of a case, and navigating its complexities can be particularly challenging for self-represented litigants. This extensive guide aims to delve into the nature of evidence, its types, the process of presenting it in court, and its significance in Texas family law.

What is Evidence? At its core, evidence is the means through which facts in a case are proven or disproven. Whether you are self-represented or represented by an attorney, the standards of evidence remain consistent. For self-represented litigants, it’s crucial to understand that they will be held to the same evidence standards as attorneys.

Understanding Texas Rules of Evidence: The Texas Rules of Evidence govern the evidence procedure in Texas courts. These rules, along with the Texas Rules of Civil Procedure and the Texas Civil Practice and Remedies Code, form the legal backbone for handling evidence. Additionally, understanding local court rules is essential, as they often have specific guidelines for how pro se litigants should conduct themselves.

Types of Evidence: Evidence in family law can be categorized into several types:

  • Testimonial Evidence: This includes witness testimony under oath about case facts.
  • Documentary Evidence: Encompasses writings on paper and other forms of recorded information, including police reports, contracts, photographs, and digital evidence like emails or text messages.
  • Tangible Evidence: Consists of physical objects that can be inspected by the judge or jury.
  • Demonstrative Evidence: Used to demonstrate the testimony of a witness, such as charts, maps, and diagrams.

Admissibility of Evidence: Not all evidence can be presented in court. For evidence to be considered, it must be:

  • Relevant: It should make a fact more or less probable than it would be without the evidence.
  • Material: It must relate to the issues being decided in the case.
  • Authentic: Evidence must be proven to be genuine and not forged.
  • Not Privileged: Certain information, like lawyer-client or doctor-patient communications, is privileged and cannot be disclosed or used in testimony.

Presenting Evidence in Court: Evidence is generally presented during a trial, not attached to the Original Petition. The process of presenting evidence includes making an opening statement, which previews your case and may refer to your evidence. The actual presentation of evidence occurs when you “put on your case.”

Discovery Process: Discovery is the legal process that allows each party to request information from the other side. This process, governed by the Texas Rules of Civil Procedure, ensures access to relevant information, barring privileged data.

Challenging and Responding to Evidence: Opposing parties can challenge evidence by making objections in court. Common objections include hearsay, irrelevance, and lack of authentication. Understanding these objections is vital for preparing and presenting your evidence effectively.

Understanding Hearsay: Hearsay, generally inadmissible in court, is an out-of-court statement presented to prove the truth of the matter asserted in the statement. However, there are exceptions to the hearsay rule, such as admissions by the opposing party and statements in a deposition.

Using Exhibits: An exhibit is a marked piece of evidence, such as a document or photograph. Different courts have varying rules on marking and presenting exhibits. In virtual courtrooms, specific procedures for exhibits also apply.

Digital Evidence: Presenting digital evidence like text messages, emails, and social media messages involves taking screenshots, printing them, and authenticating them in court. It’s crucial to be prepared for hearsay objections when presenting digital evidence.

Collecting Evidence for Custody Cases: In custody

In custody cases and other civil lawsuits, the right evidence is key to supporting your case. The nature of the evidence you need will depend on your case specifics. It’s important to collect and collate relevant evidence, which your family law attorney can guide you through. However, it’s also possible for you to gather evidence, provided it’s not invasive or detrimental to your child’s well-being.

Types of Evidence in Custody Cases: Judges consider various types of evidence in custody cases, including:

  • Relevant Communications: Text messages and emails from the parents.
  • Official Documents: Medical files, police reports, or court documents.
  • Recorded Footage: Be cautious with recordings, especially if obtained without consent.
  • Parental Involvement History: Evidence of employment history and involvement in the child’s life.
  • Parental Alienation Evidence: Any attempts by one parent to turn the child against the other.
  • Expert Testimony: Insights into the child’s unique needs from qualified professionals.

Documenting Official Records: Proving allegations such as a co-parent’s dangerous behavior can be supported by official records like criminal records or police reports detailing past abusive behavior. These documents can be potent in custody cases.

Witness Testimony: Witnesses play a crucial role in custody cases. Teachers, neighbors, or anyone who has observed the child’s environment or parental interactions can provide valuable insights.

Expert Witnesses: Experts like physicians or child psychologists can offer testimony about a child’s specific needs. Their professional insights can be pivotal in determining the most suitable custody arrangements.

Using Recordings as Evidence: Recordings, while potentially useful, must be used cautiously. Illegally obtained recordings or those taken out of context are often inadmissible. Ensure that any recordings submitted as evidence provide a complete and accurate depiction of the situation.

Addressing Parental Alienation: Parental alienation is a critical issue in custody disputes. Evidence can include messages, social media posts, or witness testimony. However, it’s vital to approach this carefully to avoid being accused of alienation yourself.

Child Testimony: In Texas, a child’s input can be considered in custody decisions, especially if they are 12 years or older. However, it’s essential to ensure that any input is genuinely the child’s own views and not influenced by parental pressure.

Key Factors in Custody Disputes: Judges consider various factors, including:

  • Potential Danger from Parents: Evidence of past abuse, violence, or substance misuse.
  • Parental Stability: Employment history and ability to provide a stable environment.
  • Parent-Child Relationship: Each parent’s involvement in the child’s life.
  • Physical and Emotional Needs of the Child: Each parent’s ability to meet these needs.
  • Family Proximity: The importance of maintaining family bonds.
  • Child’s Preference: The child’s wishes, especially if they are aged 12 or older.

Evidence Presentation in Court: Understanding the rules of evidence is crucial, even in family court. While some judges may allow a more informal approach, knowing how to handle objections and present evidence properly is essential, especially for potential appeals.

Social Media and Digital Communication: Evidence from social media or digital communication like text messages must be saved, printed, and authenticated properly. Be prepared to demonstrate its relevance and authenticity in court.

Objections and Relevance: In court, you must be ready to object to irrelevant or improperly presented evidence and understand how to authenticate your own evidence effectively.

Special Considerations in Family Court: Family court may seem more informal, but the rules of evidence still apply. Understanding these rules can provide a significant advantage, especially if the opposing party is represented by an attorney.

Final Thoughts: Navigating the evidence landscape in Texas family law requires a comprehensive understanding of different types of evidence, how to present them effectively, and the legal nuances involved. Whether dealing with custody cases or other family law matters, the proper handling of evidence can significantly impact the outcome of your case. If you are unsure about any aspect of evidence presentation, consulting with a legal expert or attorney is always advisable to ensure that your rights and interests are adequately protected.

Navigating family law as a non-custodial parent, particularly in Brazoria and Galveston counties, can be a daunting journey. At the Beveridge Law Firm, located at 410 South 2nd St, Alvin, Texas 77511, we specialize in championing the rights of fathers and husbands, ensuring they receive fair treatment in family courts, including the 461st and 300th District Courts in Brazoria County, and the 306th District Court in Galveston County. As someone who has personally experienced the challenges of being a non-custodial parent, I, Ben Beveridge, am deeply committed to helping you secure equal time with your children and effectively enforcing court-ordered periods of possession. My journey through law school was fueled by my desire for equal access to my kids, a goal I achieved shortly after passing the bar. This personal experience, combined with my success in overturning many trial judges’ orders through appeals, underpins my dedication to your cause. For expert legal assistance in family law matters, contact us at 281-407-0961 or visit our website at Beveridge Law Firm to schedule a consultation. Your fight for equitable parental access is a journey we are committed to embarking on with you.