Sec. 156.106. MODIFICATION OF ORDER BASED ON DEATH OF CONSERVATOR. (a) The death of a person who is a conservator of a child is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to the child.
(b) Before modifying an order under Section 156.101 based on a material and substantial change of circumstances described by Subsection (a), the court must consider any term or condition of the order or portion of a decree that denies possession of the child to a parent or imposes restrictions or limitations on the parent's right to possession of or access to the child. The court may include those restrictions or limitations in a modification of the order if the court finds that the restrictions or limitations continue to be in the best interest of the child.
Added by Acts 2021, 87th Leg., R.S., Ch. 672 (H.B. 1849), Sec. 2, eff. September 1, 2021.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle B - Suits Affecting the Parent-Child Relationship
Subchapter B. Modification of Conservatorship, Possession and Access, or Determination of Residence
Section 156.103. Increased Expenses Because of Change of Residence
Section 156.104. Modification of Order on Conviction for Child Abuse; Penalty
Section 156.1045. Modification of Order on Conviction for Family Violence
Section 156.105. Modification of Order Based on Military Duty
Section 156.106. Modification of Order Based on Death of Conservator