pjc-family-2024-lib

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.7

PJC 215.7

No Discrimination Based on Sex or Marital Status

In determining which party to appoint sole managing conservator, whether to appoint a party joint managing conservator, or whether to grant a conserva tor the exclusive right to designate the primary residence of the child , you shall consider the qualifications of each party without regard to the sex of the party or the child . In determining which party to appoint sole managing conservator, whether to appoint a party joint managing conservator, or whether to grant a conserva tor the exclusive right to designate the primary residence of the child , you shall consider the qualifications of the parties without regard to their marital status. COMMENT Source. The foregoing instruction is based on Tex. Fam. Code §153.003. The words “and possession of and access to the child” and “and the terms and conditions of conservatorship” in section 153.003 have been omitted from the instruction because questions on these matters may not be submitted to the jury. See Tex. Fam. Code § 105.002(c)(2)(B) and (c)(2)(C), respectively. Use only relevant portions. Only those portions of the foregoing instruction that are relevant in the particular case should be used. Rewording instruction. If more than one child is involved, the word child should be replaced with the word children . Use of “sex” or “gender.” The 1998 edition of Texas Pattern Jury Charges— Family changed “sex” to “gender” in the instruction, although no corresponding change took place in the statute, which has used “sex” since its enactment in 1973. See Acts 1973, 63d Leg., R.S., ch. 543, §1 (S.B. 168), eff. Jan. 1, 1974 (codified at Tex. Fam. Code §14.01(b)). To align the charge with the statute, the charge has been amended to revert to the use of “sex” in the instruction. The amendment is not intended by the Committee to indicate that the use of “gender” instead of “sex” is an incorrect articulation of Tex. Fam. Code § 153.003.

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