Convincing Evidence to Terminate Parental Rights In Texas
When terminating parental rights, each required finding must be based on clear and convincing evidence. TEX. FAM. CODE ANN. 161.206(a) (Vernon 1996).
Clear and convincing evidence is defined as "the measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established." TEX. FAM. CODE ANN. 101.007 (Vernon 1996).
When reviewing a "no-evidence" or "legally insufficient" argument, we consider only the evidence and inferences tending to support the dispositive findings and disregard all evidence and inferences to the contrary. Dupree v. Texas Dept. of Protective and Regulatory Servs., 907 S.W.2d 81, 83 (Tex. App.-Dallas 1995, no writ).
If there is more than a scintilla of evidence supporting the dispositive finding, we uphold the finding. Id.
Analysis of a "factually insufficient" argument requires us to consider all the evidence, including evidence contrary to the judgment. Id.
We set aside a verdict only if it is so contrary to the overwhelming weight of the evidence that it is clearly wrong and unjust. Id.