pjc-family-2024-lib

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

PJC 217.3

Child’s preference ground. Theoretically, a modification of a joint managing conservatorship to a sole managing conservatorship could be based on the child’s pref erence, expressed to the court in chambers, that the other joint conservator have the right to designate the child’s primary residence. The Committee believes it far more likely that a joint managing conservator who wishes to alter only the designation of the person who has the right to designate the child’s residence would seek to effectuate the child’s preference within the existing joint managing conservatorship rather than seek to terminate that joint managing conservatorship on the ground of the preference. For this reason, the Committee has not suggested rewording item 1 in the instruction in PJC 217.3A for the latter possibility. 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 217.3A should be worded as follows: For the joint managing conservatorship of CHILD to be replaced by a sole managing conservatorship, it must be proved that the appointment of a sole managing conservator 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 217.3A should be worded as follows: For the joint managing conservatorship of CHILD to be replaced by a sole managing conservatorship, it must be proved that the appointment of a sole managing conservator 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. Section 156.106 does not limit the modification of the order to the appointment of a new conservator to replace the deceased conservator, nor does it specify that only per-

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