pjc-family-2024-lib

PJC 217.8

M ODIFICATION OF C ONSERVATORSHIP AND S UPPORT

What is the geographic area within which PARTY A must desig nate CHILD ’s primary residence? Answer by writing the geographic area. Answer: _______________ If removal of existing geographic restriction is sought. The instruction and questions as worded in PJC 217.8A and 217.8B above are appropriate only for circum stances in which modification is sought to establish a geographic restriction where the existing order does not impose one. If only the removal of a geographic restriction is sought, the instruction and ques tion should be submitted as follows: For the order that imposes a geographic restriction on PARTY A’s right to designate CHILD’s primary residence to be modified to remove the geographic restriction , it must be proved that— 1. the circumstances of CHILD or of PARTY A or of PARTY B have materially and substantially changed since DATE and 2. removing the restriction on the geographic area within which PARTY A must designate CHILD’s primary residence would be in the best interest of CHILD . QUESTION Should the order that imposes a geographic restriction on PARTY A’s right to designate CHILD’s primary residence be modified to remove the geographic restriction ? Answer “Yes” or “No.” Answer: _______________ 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 217.8A should be omitted and the instruction should be worded as follows, with the italicized language adapted as illus trated in the removal or change of existing geographic restriction comments above if change or removal of an existing geographic restriction is sought: For the order that allows PARTY A to designate the primary resi dence of CHILD to be modified to impose a geographic restriction on PARTY A’s right to designate CHILD’s primary residence , it must be proved that imposing a geographic restriction on PARTY A’s right

188