pjc-family-2024-lib

PJC 217.5

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

PJC 217.5

Modification of Conservatorship—Multiple Parties Seeking Conservatorship (Comment)

PJC 217.1–217.4 are written for cases involving two parties, the minimum number of possible contestants. PJC 217.1 is used if one party seeks to replace the current sole managing conservator. PJC 217.2 is used if one party seeks to join the current sole managing conservator in a joint managing conservatorship. PJC 217.3 is used if one or both of the two current joint managing conservators seek to become the sole managing conservator. PJC 217.4 is used if one party seeks to be designated as the conservator who has the exclusive right to designate primary residence. Situations involving additional parties seeking managing conservatorship present too large a variety of possibilities to be comprehensively covered in this book. The fol lowing example of modification of a sole managing conservatorship to another sole managing conservator in which two parties seek to replace the current sole managing conservator offers a pattern on which charges involving additional contestants may be based: QUESTION 1 Should the order that designates PARTY A sole managing conser vator of CHILD be modified to appoint a new sole managing conser vator? Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Who should be appointed sole managing conservator of CHILD ? Answer by writing the name of the person who should be ap pointed. Answer: _______________ Use these instructions. For this example, the instruction in PJC 217.1A (modifi cation of sole managing conservatorship to another sole managing conservator) must be appropriately modified and given preceding Question 1. PJC 215.1 (best interest of child) should be used with Question 2 in the series above.

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