Right to Jury Trial
Except as provided herein below, Chapter 105 of the Family Code provides that a party
may demand a jury trial in a custody case. In a jury trial a party is entitled to a verdict by the jury
on the issues of:
• the appointment of a managing conservator;
• the appointment of joint managing conservators;
• the appointment of a possessory conservator; and
• the determination of the which joint managing conservator will have the
exclusive right to designate the primary residence of the child.
• the determination of whether to impose a restriction on the geographic are
in which a joint managing conservator may designate the child’s primary
• if a restriction describe above is imposed, the determination of the
geographic area within which the joint managing conservator must designate the
child primary residence.
The court may not submit to the jury questions on the issues of:
• child support;
• a specific term or condition of possession of or access to the child; or
• any right or duty of a possessory or managing conservator, other than the
issue of which joint managing conservator will have the exclusive right to
designate the primary residence of the child.