pjc-family-2024-lib

PJC 215.15

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.15 Geographic Restriction on Child’s Primary Residence

A sole managing conservator has the exclusive right to designate the child’s primary residence. That right may be unrestricted, or a geographic restriction may be imposed on the primary residence. A geographic restriction restricts the child’s primary residence to a specified geographic area and prohibits the parties from relocating the child from the specified area for the purpose of changing the child’s primary residence with out a court order or the agreement of another conservator. If no geographic restriction is imposed, the managing conservator with the right to designate the child’s primary residence has the sole discretion to change that residence. COMMENT Source. The foregoing instruction is based on Tex. Fam. Code §§105.002(c)(1)(D)–(F), 153.132(1), 153.371(10), 153.134(b). See also Lenz v. Lenz , 79 S.W.3d 10 (Tex. 2002). Rewording instruction. If only joint managing conservatorship is in issue, the phrase A sole managing conservator should be replaced with One joint managing con servator . If both sole and joint managing conservatorship are in issue, the phrase should be replaced with A sole managing conservator or one joint managing conser vator.

144