pjc-family-2024-lib

PJC 215.14

D EFINITIONS AND I NSTRUCTIONS —SAPCR

1. appointment of PARENT A would not be in the best interest of CHILD because the appointment would significantly impair CHILD ’s physi cal health or emotional development or 2. appointment of NONPARENT would be in the best interest of CHILD . COMMENT Source. The foregoing instructions are based on Tex. Fam. Code §§153.131, 153.373; see Lewelling v. Lewelling , 796 S.W.2d 164 (Tex. 1990). When to use. One of the instructions in PJC 215.14 should be used if one or more parents and one or more nonparents seek managing conservatorship and voluntary relinquishment of custody to a nonparent by one or more of the parents is asserted. PJC 215.14A should be used if voluntary relinquishment of custody by both parents or by the only parent during the requisite period is undisputed. PJC 215.14B should be used if such relinquishment is not alleged as to one parent and is undisputed as to the other parent. PJC 215.14C should be used if such relinquishment is not alleged as to one parent and is disputed as to the other parent. PJC 215.14D should be used if such relinquishment is disputed as to both parents or as to the only parent. PJC 215.14E should be used if such relinquishment is disputed as to one parent and undisputed as to the other parent. The name of the nonparent seeking managing conservatorship to whom it is alleged or undisputed that the parent or parents have voluntarily relinquished custody of the child should be substituted for NONPARENT in the foregoing instructions. The date that is ninety-one days before the date on which the nonparent intervened in or com menced the suit or proceeding should be substituted for DATE in PJC 215.14C, 215.14D, and 215.14E. 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 managing conservatorship is not submitted. If no question on joint managing conservatorship is included in the charge, the clause “ PARENT A and PAR ENT B shall be appointed joint managing conservators or one of them shall be appointed sole managing conservator” should be changed to “ PARENT A or PARENT B shall be appointed sole managing conservator” in the foregoing instructions, and the phrase “joint or” should be omitted. If only one parent. If the child has only one parent, or if only one parent is seek ing managing conservatorship, and voluntary relinquishment of custody by that parent

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