pjc-family-2024-lib

PJC 217.3

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

sons named as conservators in the original order have standing to bring an action for modification or contest the appointment of a particular person as conservator. For situ ations where the original order names a surviving parent as a managing conservator, see the comment above entitled “Nonparent seeking appointment as conservator.” Refer to PJC 216.1 (sole or joint managing conservatorship), PJC 216.2 (sole manag ing conservatorship), and PJC 216.3 (possessory conservatorship contested) for instructions and questions for the appointment of a replacement conservator. Include these additional instructions. PJC 215.6 (rights of parent appointed conservator), PJC 215.7 (no discrimination based on sex or marital status), PJC 215.9 (joint managing conservators), PJC 215.11 (sole managing conservator—parent), and PJC 215.15 (geographic restriction on child’s primary residence) should be used with this submission. If one of the parties is a nonparent, PJC 215.12 (managing conserva tor—nonparent) should be included with this submission. If more than one child. It is possible that, if separate questions are asked con cerning each child, there may be a retention of joint managing conservatorship for some children and a change to sole managing conservatorship—perhaps with more than one sole managing conservator—for others. The Committee has decided not to formulate a submission involving separate questions for each child. 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. Geographic restriction. The jury may decide whether a sole managing conserva tor is subject to a geographic restriction. See Tex. Fam. Code §105.002(c)(1)(E), (c)(1)(F), (c)(2)(C).

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