pjc-family-2024-lib

PJC 217.2

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

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 217.2A 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 joint managing conservators, it must be proved that the appointment of PARTY B and PARTY A to serve as joint managing conservators would be in the best interest of CHILD . Conviction or deferred adjudication of conservator for abuse of a child or dis abled individual or offense involving family violence. If a conservator has been convicted of an offense involving continuous sexual abuse of a young child under sec tion 21.02 of the Texas Penal Code or has been convicted of or received an order of deferred adjudication for an offense involving the abuse of a child or a disabled indi vidual under section 21.11, 22.011, or 22.021 of the Penal Code, or has been convicted or received an order of deferred adjudication of an offense involving family violence as defined in Tex. Fam. Code §74.001, the instruction in PJC 217.2A should be worded as follows: For the order that designates PARTY A sole managing conservator of CHILD to be modified to appoint joint managing conservators, it must be proved that the appointment of PARTY B and PARTY A to serve as joint managing conservators would be in the best interest of CHILD . In such a case, the conviction or deferred adjudication order is a material and sub stantial change of circumstances sufficient to justify a modification of the existing order. Tex. Fam. Code §§ 156.104, 156.1045. The existence of an order of conviction or deferred adjudication is a question of law for court determination. Death of conservator. If a conservator has died, the instruction in PJC 217.2A should be worded as follows: For the order that designates NAME sole managing conservator of CHILD to be modified to appoint joint managing conservators, it must be proved that the appointment of PARTY A and PARTY B to serve as joint managing conservators would be in the best interest of CHILD . In such a case, the death of a person who is a conservator of a child is a material and substantial change of circumstances sufficient to justify a modification of the existing order. Tex. Fam. Code §156.106. The death of a person who is a conservator of a child is a question of law for court determination.

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