Tex. Fam. Code Section 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 (Grounds for Modification of Order Establishing Conservatorship or Possession and Access) 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.

Source: Section 156.106 — Modification of Order Based on Death of Conservator, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm#156.106 (accessed May 11, 2024).

156.001
Orders Subject to Modification 156.002
Who Can File 156.003
Notice 156.004
Procedure 156.005
Frivolous Filing of Suit for Modification 156.006
Temporary Orders 156.007
Certain Filings Not Admissions 156.101
Grounds for Modification of Order Establishing Conservatorship or Possession and Access 156.102
Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order 156.103
Increased Expenses Because of Change of Residence 156.104
Modification of Order on Conviction for Child Abuse 156.105
Modification of Order Based on Military Duty 156.106
Modification of Order Based on Death of Conservator 156.401
Grounds for Modification of Child Support 156.402
Effect of Guidelines 156.403
Voluntary Additional Support 156.404
Net Resources of New Spouse 156.405
Change in Lifestyle 156.406
Use of Guidelines for Children in More than One Household 156.407
Assignment of Child Support Right 156.408
Modification of Support Order Rendered by Another State 156.409
Change in Physical Possession 156.1045
Modification of Order on Conviction for Family Violence

Accessed:
May 11, 2024

§ 156.106’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._fam._code_section_156.106

Original Source: Section 156.106 — Modification of Order Based on Death of Conservator, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.156.htm#156.106 (last accessed May 11, 2024).