pjc-family-2024-lib

C ONSERVATORSHIP AND S UPPORT —O RIGINAL S UITS

PJC 216.3

A parent who is not appointed managing conservator shall be appointed pos sessory conservator unless the appointment is not in the best interest of the child and possession or access by the parent would endanger the physical or emotional welfare of the child. A parent who is not appointed managing or pos sessory conservator may be ordered to perform other parental duties, including paying child support. Therefore, answer this question “Yes” with regard to PARENT unless you find from a preponderance of the evidence that appoint ment of PARENT is not in the best interest of the child and that possession or access by PARENT would endanger the physical or emotional welfare of the child . Answer “Yes” by the name of the person or persons who should be appointed possessory conservator and “No” by the name of the person or per sons who should not be appointed. PARTY A ______________ PARTY B ______________ PARTY C ______________ COMMENT When to use. The foregoing questions should be used only if appointment of one or more parties as possessory conservator is contested. See PJC 215.13 Comment (possessory conservator). If appointment of only one party as possessory conservator is contested, PJC 216.3A should be used. If that party is not seeking managing conservatorship as an alternative to possessory conservatorship, the conditioning instruction should be omit ted from PJC 216.3A. PJC 216.3B is appropriate for use if more than one party seeks possessory conser vatorship. If none of these parties is seeking managing conservatorship as an alterna tive to possessory conservatorship, the instruction should be appropriately modified. Instruction on denial of parent’s possession of or access to child. The para graph beginning “A parent who is not appointed managing conservator” is based on Tex. Fam. Code §§153.075, 153.191. If neither parent is a party whose possessory conservatorship is contested, that paragraph should be omitted from the instructions. If more than one child. If more than one child is involved and there is an agree ment to have one answer for all children, the word child should be replaced with the word children in the foregoing submissions. If a separate answer is desired for each child, the question should be repeated for each child.

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