Texas Supreme Court Rules on Jury Authority in Child Custody Cases

In most states, child custody matters are decided by judges. In Texas, juries decide many such questions. A recent Texas Supreme Court decision examined a divorce case in which a jury found that the father should have the exclusive right to designate the children's primary residence. The trial court awarded the mother more time with the children under the possession order.

The court held that the trial court's order contravened the jury verdict. It stated that the ordinary meaning of primary residence is the place where the child lives most of the time. Section 105.002(c) of the Family Code provides that a party is entitled to a jury verdict on the issue of which joint managing conservator has the exclusive right to designate the child's primary residence.

The same section states that a court may not submit to the jury questions on specific terms or conditions of possession. The court concluded that the verdict on the primary-residence right imposes a general constraint rather than a specific term of possession.

It ordered remand for the trial court to redetermine the possession order. The decision noted that equal periods of possession are permissible under the Family Code. It added that there can be only one primary residence even in equal-time arrangements.