pjc-family-2024-lib

PJC 215.8

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.8

Preference for Appointment of Parent as Managing Conservator

PARENT A and PARENT B shall be appointed joint managing conservators or one of them shall be appointed sole managing conservator, in preference to NONPARENT , unless appointment of the parent or parents would not be in the best interest of CHILD because the appointment would significantly impair CHILD ’s physical health or emotional development. COMMENT Source. The foregoing instruction is based on Tex. Fam. Code §153.131(a); see Lewelling v. Lewelling , 796 S.W.2d 164 (Tex. 1990). See also In re C.J.C. , 603 S.W.3d 804 (Tex. 2020) (orig. proceeding). When to use. This instruction should be used if one or more parents and one or more nonparents seek managing conservatorship and there is no assertion of voluntary relinquishment of custody under Tex. Fam. Code §153.373. If voluntary relinquish ment of custody by the parent or parents during the requisite period is alleged, the appropriate instruction from PJC 215.14 should be used. Use of an instruction on the parental preference with a single question asking who should be appointed managing conservator conforms to the mandate for broad-form submission in Tex. R. Civ. P. 277. Such a procedure was approved in Harrison v. Har rison , 734 S.W.2d 737 (Tex. App.—Eastland 1987, no writ). If joint conservatorship is not submitted. If no question on joint managing con servatorship is included in the charge, the instruction should be worded as follows: PARENT A or PARENT B shall be appointed sole managing con servator, in preference to NONPARENT , unless appointment of the parent would not be in the best interest of CHILD because the appointment would significantly impair CHILD ’s physical health or emotional development. If only one parent. If the child has only one parent, or if only one parent is seek ing managing conservatorship, the instruction should be worded as follows: PARENT shall be appointed sole managing conservator, in prefer ence to NONPARENT , unless appointment of PARENT would not be in the best interest of CHILD because the appointment would signifi cantly impair CHILD ’s physical health or emotional development.

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