pjc-family-2024-lib

PJC 217.1

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

QUESTION 3 What is the geographic area within which PARTY B must designate the pri mary residence of the child? Answer by writing the geographic area. Answer: _______________ COMMENT Source. The foregoing submission is based on Tex. Fam. Code §156.101. The questions designated Questions 2 and 3 are based on Tex. Fam. Code § 105.002(c). Use only in two-party suits. The instruction and questions in PJC 217.1 are appropriate if only one party seeks to replace the sole managing conservator. For cases in which more than one party seeks to replace the sole managing conservator, see PJC 217.5 (modification of conservatorship—multiple parties seeking conservatorship). For cases in which the sole managing conservator has died, see the comment below entitled “Death of conservator.” Date of order or agreement. The earlier of the date of rendition of the order or the date of the signing of a mediated or collaborative law settlement agreement on which the order is based should be substituted for DATE . Rewording for voluntary relinquishment ground. In an appropriate case, item 1 in the instruction in PJC 217.1A should be reworded PARTY A has voluntarily relin quished the primary care and possession of CHILD to NAME for at least six months. Nonparent seeking appointment as conservator. When a nonparent seeks to modify an existing order that names a parent as a managing conservator, the nonparent has the burden to prove that the parent is not a fit parent. See In re C.J.C. , 603 S.W.3d 804, 819–20. (Tex. 2020) (orig. proceeding). If the existing order appoints a nonparent as a managing conservator, see also In re V.L.K. , 24 S.W.3d 338 (Tex. 2000); Taylor v. Meek , 276 S.W.2d 787 (Tex. 1955). Rewording for child’s preference ground. No jury issue is presented by the ground in Tex. Fam. Code § 156.101(a)(2). If the case involves only that ground for modification, item 1 in the instruction in PJC 217.1A should be omitted and the instruction should be worded as follows: For the order that designates PARTY A sole managing conservator of CHILD to be modified to appoint a new sole managing conserva tor, it must be proved that the appointment of PARTY B as sole man aging conservator in place of PARTY A would be in the best interest of CHILD .

164

Made with FlippingBook - Online Brochure Maker