Clear and Convincing Evidence

Certain issues in family law require clear and convincing evidence. Clear and convincing evidence is generally defined as evidence that is highly probable or reasonably certain. Kent K. v. Bobby M., 210 Ariz. 279 (2005). This is a step up from the preponderance of evidence that is used to decide most family law issues, and a step down from the reasonable doubt standard used in criminal court. From a practical standpoint, the clear and convincing evidence standard means that the person with the burden loses all close calls. Therefore, that person needs to find evidence that supports their position and is highly persuasive. This likely (but not necessarily) requires something more than just their testimony.