pjc-family-2024-lib

PJC 218.4

T ERMINATION OF P ARENT -C HILD R ELATIONSHIP

PJC 218.4

Conservatorship Issues in Conjunction with Termination (Comment)

Suits for termination of parental rights arise in a variety of contexts. One common situation involves state intervention in a family unit to terminate parental rights because of alleged neglect or abuse of a child. Another common fact pattern is an attempt by one parent to terminate parental rights of the other to facilitate a stepparent adoption. Either of these fact situations may be further complicated by the intervention of a third party seeking similar or different relief allowable under the Texas Family Code. In all these situations, if termination of parental rights is sought, one or more of the parties will almost always seek other relief. For example, if the state seeks termina tion of parental rights, it invariably seeks managing conservatorship as well. If the jury answers “No” with respect to termination of the parental rights of one or both parents, conservatorship of the child remains in issue. Similarly, if a third party—for example, a grandparent—has intervened in a termination suit, conservatorship will remain in issue regardless of the answers to the termination questions. The instructions and other questions that would be required to accompany the conservatorship submission could become extremely complicated and lengthy. For this reason, the parties may prefer to seek a jury determination only on the termination issue and to leave the issues of con servatorship for the judge’s determination. On the other hand, any party is entitled to a jury determination of conservatorship on request. Tex. Fam. Code § 105.002(c)(1). Because managing conservatorship, possessory conservatorship, grandparental access, and child support may be in issue, virtually any instructions or questions con tained in chapters 215 and 216 of this book may be required if conservatorship is to be submitted to the jury. If the parents involved were divorced before the termination pro ceeding, questions and instructions found in chapter 217 would properly be substituted for the questions in chapter 216. In cases involving several contesting parties, practical considerations may result in agreement that a judicial determination of all these issues is preferable. Conditioning instruction for additional question. If one or more additional questions are submitted to the jury, the following instruction should follow the termi nation question for each parent: If you answered “No” to Question ______ [ termination question ], then answer Question ______ [ additional question regarding conser vatorship ]. Otherwise, do not answer Question ______.

208