Tex. Fam. Code Section 105.002


Except as provided by Subsection (b), a party may demand a jury trial.


A party may not demand a jury trial in:


a suit in which adoption is sought, including a trial on the issue of denial or revocation of consent to the adoption by the managing conservator; or


a suit to adjudicate parentage under Chapter 160 (Uniform Parentage Act).


In a jury trial:


a party is entitled to a verdict by the jury and the court may not contravene a jury verdict on the issues of:


the appointment of a sole managing conservator;


the appointment of joint managing conservators;


the appointment of a possessory conservator;


the determination of which joint managing conservator has the exclusive right to designate the primary residence of the child;


the determination of whether to impose a restriction on the geographic area in which a sole managing conservator or joint managing conservator may designate the child’s primary residence; and


if a restriction described by Paragraph (E) is imposed, the determination of the geographic area within which the sole managing conservator or joint managing conservator must designate the child’s primary residence; and


the court may not submit to the jury questions on the issues of:


support under Chapter 154 (Child Support) or Chapter 159 (Uniform Interstate Family Support Act);


a specific term or condition of possession of or access to the child; or


any right or duty of a conservator, other than a determination under Subdivision (1)(D), (E), or (F).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 12, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 180, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 556, Sec. 3, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 821, Sec. 2.10, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 1036, Sec. 2, 22, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 6, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 228 (H.B. 868), Sec. 1, eff. September 1, 2021.

Source: Section 105.002 — Jury, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­105.­htm#105.­002 (accessed Jun. 5, 2024).

Jun. 5, 2024

§ 105.002’s source at texas​.gov