pjc-family-2024-lib

PJC 215.10

D EFINITIONS AND I NSTRUCTIONS —SAPCR

3. Whether each person can encourage and accept a positive relation ship between the child and the other person. 4. Whether both persons participated in child-rearing before the filing of the suit. 5. The geographical proximity of the persons’ residences. 6. If the child is twelve years of age or older, the child’s preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child. 7. Any other relevant factor. COMMENT Source. PJC 215.10A is based on Tex. Fam. Code §§153.131, 153.134(a). PJC 215.10B is based on Tex. Fam. Code §§ 153.134(a), 153.372. If only parents are involved. In the most frequently encountered cases, the two parents will be the only contestants for managing conservatorship. In such a case, if one parent seeks sole managing conservatorship and the other seeks joint managing conservatorship, the instruction in PJC 215.10A should be used. If both parents seek joint managing conservatorship, no jury issue on managing conservatorship exists. If a joint managing conservatorship is an inappropriate agree ment between the parties, the court has the power to reject that agreement. Tex. Fam. Code §153.007(d). If both parents will be appointed joint managing conservators, the following instruction should be used with Question 2 (primary residence) in PJC 216.1A: The parents will be appointed joint managing conservators. If both parents seek sole managing conservatorship and neither seeks joint manag ing conservatorship in the alternative, the foregoing instruction, which is based on the rebuttable presumption in Tex. Fam. Code § 153.131, is inappropriate. If a history of family violence is admitted into evidence, include the following as item 7 in PJC 215.10A and renumber item 7 as item 8: 7. Whether there is a history of family violence involving the parents. If nonparent(s) and parent(s) are involved. If one parent seeks a joint managing conservatorship with the other parent, the instruction in PJC 215.10A is appropriate without regard to whether the other parent seeks sole managing conservatorship or a joint managing conservatorship with a third party. (There is no jury issue about the

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