B. Preponderance of the Evidence

To show a “preponderance of evidence” is to have evidence that is of greater weight or is more convincing than the evidence that is offered in opposition to it. To understand how to meet this burden, one can picture the scales of justice where one side is slightly higher on one side; this slight raise on one side is enough to meet the preponderance of the evidence. It is the standard of proof which is generally used in civil cases. This burden applies to:

•   60 Day Status Review. Tex. Fam. Code § 105.005;

•   Permanency Hearing before Final Order. Tex. Fam. Code § 105.005;

•   Final Order Awarding Permanent Managing Conservatorship (PMC) (without termination). Tex. Fam. Code § 105.005;

•   Permanency Hearing after Final Order. Tex. Fam. Code § 105.005; and

•   Adoption Hearing. Tex. Fam. Code § 105.005.

•   Hearing on reinstatement of parental rights. Tex. Fam. Code § 161.303.