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Relating to the jury charge and jury findings in a suit affecting the parent-child relationship.
No significant fiscal implication to the State is anticipated.
HB 868 would prohibit a judge from overriding the decision of a jury in restricting the geographic area in which a sole managing conservator may designate their child’s primary residence.
Texas Action supports HB 868 because it would increase due process protections for a parent or guardian designated as the sole managing conservator of a child. Current law permits judges in a jury trial to override the jury and make their own determination as to the child’s primary residence for a sole managing conservator, but not joint managing conservators. HB 868 would clarify that a sole managing conservator is equally entitled to a decision by a jury of their peers, not a judge making unilateral decisions.
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