Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 105. SETTINGS, HEARINGS, AND ORDERS
Texas Codes

Tex. Fam. Code § 105.005 (2026)

Findings

✓ current as of May 2026
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Sec. 105.005. FINDINGS. Except as otherwise provided by this title, the court's findings shall be based on a preponderance of the evidence.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Notes of Decisions
Cited in 86 cases (28 in the last 5 years), 1998–2026 · leading case: in the Interest of N.L.D., a Child, 412 S.W.3d 810 (Tex. App. 2013).
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in the Interest of N.L.D., a Child, 412 S.W.3d 810 (Tex. App. 2013). · cites it 2× “001(1)(F), or has engaged in conduct that endangers the child’s physical or emotional well-being, TEX. FAM. CODE ANN.”
Taylor v. Texas Dep't of Prot. & Regulatory Servs., 160 S.W.3d 641 (Tex. App. 2005). “See Tex. Fam.Code Ann. § 105.005 (West 2002); Choyce v.”
Critz v. Critz, 297 S.W.3d 464 (Tex. App. 2009). · cites it 2× “) (stating that the "link between the parent's conduct and harm to the child may not be based on evidence which merely raises a surmise or speculation"); see Tex. Fam.Code Ann. § 105.005 (Vernon 2008) (stating that findings in family law cases must generally be proved by the…”
in the Interest of K.D.H., a Child, 426 S.W.3d 879 (Tex. App. 2014). · cites it 2× “, Tex. Fam. Code § 105.005 (“Except as otherwise provided by this title, the court’s findings shall be based on a preponderance of the evidence.”
In re Interest of J.J.G., 540 S.W.3d 44 (Tex. App. 2017). “3d at 616 ; see TEX. FAM. CODE ANN. § 105.005 (Vernon 2014).”
In the Interest of A.D.H., 979 S.W.2d 445 (Tex. App. 1998). · cites it 2× “Under the agreed divorce decree, Sheri was appointed the primary joint managing conservator, and Alvin, Doris, and Perry were named the secondary "Co-Joint Managing Conservators." The modification suit was a bench trial at which Sheri and Perry represented themselves pro se.”
in the Interest of M.T.R., a Child v. Texas Dep't of Fam. & Prot. Servs., 579 S.W.3d 548 (Tex. App. 2019). “See Tex. Fam. Code Ann. § 105.005 ; J.A.J., 243 S.”
In Re Smith, 981 S.W.2d 909 (Tex. App. 1998). “Compare Tex. Fam. Code Ann. § 105.005 (Vernon 1996) (requiring that, except as otherwise provided by Title 5, a trial court’s findings in suit affecting the parent child relationship, i.”
In Re Jaj, 243 S.W.3d 611 (Tex. 2007). “TEX. FAM.CODE § 105.005; see Lewelling v.”
L. v. v. Texas Dep't of Fam. & Prot. Servs., 389 S.W.3d 525 (Tex. App. 2012). “See Tex.Fam.Code Ann. § 105.005 (West 2008)(“Except as otherwise provided by this title, the court’s findings shall be based on a preponderance of the evidence.”
Romero v. Perez, 182 A.3d 263 (Md. Ct. Spec. App. 2018). “Tex. Fam. Code § 105.005. Other states specify higher burdens of proof for individual factors in the SIJ analysis, but only as is required to comport with pre-existing state statutes.”
In the Interest of J.A.J., 243 S.W.3d 611 (Tex. 2007). “Tex. Fam.Code § 105.005; see Lewelling v.”
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