pjc-family-2024-lib

PJC 215.13

D EFINITIONS AND I NSTRUCTIONS —SAPCR

A nonparent possessory conservator has the right of access to medical, den tal, psychological, and educational records of the child to the same extent as the managing conservator.

COMMENT Source. The instruction in PJC 215.13A is based on Tex. Fam. Code § 153.191. The instruction in PJC 215.13B is based on Tex. Fam. Code §§153.073, 153.074, 153.192(a). The first paragraph of the instruction in PJC 215.13C is based on Tex. Fam. Code §§153.006, 153.376(a). The second paragraph is based on Tex. Fam. Code § 153.376(b), and the third paragraph is based on Tex. Fam. Code § 153.377. When to use. In most cases involving only parents, it will be uncontested that the parent not appointed managing conservator will be appointed possessory conservator. In such a case, the instruction in PJC 215.13A should be used. The definitions in PJC 215.13B should be included in the charge only if the naming of a possessory conservator as well as a managing conservator is contested. The instructions in PJC 215.13C should be included only if a nonparent seeks possessory conservatorship. If joint managing conservatorship is not submitted. The words “or joint” should be omitted from the instruction in PJC 215.13A if no question on joint manag ing conservatorship is included in the charge.

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