pjc-family-2024-lib

PJC 217.4

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

If you answered Question 2 “With a geographic restriction,” then answer Question 3. Otherwise, do not answer Question 3. 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, 153.134(b)(1), 105.002(c). Use only in two-party suits. The instruction and questions in PJC 217.4 are appropriate if only one party seeks to become the conservator who has the exclusive right to designate the child’s primary residence. For cases in which more than one party seeks to become the conservator with that exclusive right, see PJC 217.5 (modi fication of conservatorship—multiple parties seeking conservatorship). For cases in which a managing conservator has died, see the comment below entitled “Death of conservator.” Include this additional instruction. PJC 215.15 (geographic restriction on child’s primary residence) should be used with this submission. 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 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 217.4A should be omitted and the instruction should be worded as follows: For the order that designates PARTY A the conservator who has the exclusive right to designate the primary residence of CHILD to be modified to appoint a different conservator with that exclusive right, it must be proved that the designation of PARTY B as the conservator who has the exclusive right to designate the primary residence of CHILD in place of PARTY A would be in the best interest of CHILD .

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