pjc-family-2024-lib

PJC 216.2

C ONSERVATORSHIP AND S UPPORT —O RIGINAL S UITS

If you answered Question 2 “With a geographic restriction,” with regard to any child, then answer Question 3 for that child. Otherwise, do not answer Question 3. QUESTION 3 What is the geographic area within which the sole managing conservator must designate the primary residence of that child? Answer by writing the geographic area.

CHILD A ______________ CHILD B ______________

COMMENT Source. The questions designated Question 1 are based on Tex. Fam. Code §153.005. The questions designated Questions 2 and 3 are based on Tex. Fam. Code § 105.002(c). When to use. Use the foregoing question only when all parties seek sole manag ing conservatorship and no party seeks joint managing conservatorship. Include these additional instructions. PJC 215.1 (best interest of child), PJC 215.6 (rights of parent appointed conservator), PJC 215.7 (no discrimination based on sex or marital status), PJC 215.11 (sole managing conservator—parent), and PJC 215.15 (geographic restriction on child’s primary residence) should be used with this question. If nonparent seeks sole managing conservatorship. If a nonparent seeks sole managing conservatorship, the appropriate instruction from PJC 215.8 or 215.14 (pref erence for appointment of parent as managing conservator) should be used with the foregoing question. In such a case, the instruction in PJC 215.12 (managing conserva tor—nonparent) should also be used. Possessory conservatorship. If possessory conservatorship is in controversy, see PJC 216.3 (possessory conservatorship contested). Evidence of abusive physical force or sexual abuse. In an appropriate case, rel evant portions of PJC 215.2 (evidence of abusive physical force or sexual abuse) should be included in the charge. Evidence of family violence, child abuse or neglect, or rendition of protective order against party. In an appropriate case, relevant portions of PJC 215.4 (history or pattern of family violence, history or pattern of child abuse or neglect, or protective order) should be included in the charge.

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