pjc-family-2024-lib

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.1

PJC 215.1

Best Interest of Child

The best interest of the child shall always be the primary consideration in determining questions of conservatorship.

COMMENT Source. The foregoing instruction is based on Tex. Fam. Code §153.002. The words “and questions of possession of and access to the child” in section 153.002 have been omitted from the instruction because questions on these matters may not be sub mitted to the jury. See Tex. Fam. Code § 105.002(c)(2)(B). No definition of “best interest.” There is no statutory definition of “the best interest of the child.” In Hogge v. Kimbrow , 631 S.W.2d 603 (Tex. App.—Beaumont 1982, no writ), the court held that “the best interest of the child” is not a legal term having a peculiar meaning unknown to the layperson. Texas case law has not devel oped a definition or list of factors that is more complete or more enlightening than the phrase itself. In Holley v. Adams , 544 S.W.2d 367 (Tex. 1976), the Supreme Court of Texas sup plied a well-known list of factors that have been considered by appellate courts in determining best interest. Holley involves termination of parental rights. See PJC 218.1 (termination of parent-child relationship).

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