Thus, "the trial court does not abuse its discretion in refusing to submit to the jury a question concerning conservatorship even when the issue is properly pleaded or tried by consent." In re A.W., No. 05-13-01674-CV, 2014 WL 1410545, at *2 (Tex. App.—Dallas Apr. 10, 2014, pet. denied) (mem. op.) The jury here was properly charged on the termination issues; therefore, the trial court did not abuse its discretion by refusing to charge the jury on conservatorship.
Because the jury charge properly submitted the controlling question, the trial court did not abuse its discretion in refusing to submit the requested instruction. See In re A.W., No. 05-13-01674-CV, 2014 WL 1410545, at *2 (Tex. App.—Dallas Apr. 10, 2014, pet. denied) (holding trial court does not abuse its discretion in refusing to submit issue regarding conservatorship where trial court submits controlling question of whether the parent's rights should be terminated); Ayala v. Tex. Dep't of Family & Protective Servs., No. 03-09-00121-CV, 2010 WL 3672351, at *4 (Tex. App.—Austin Sept. 16, 2010, no pet.) (same). Furthermore, given the jury's affirmative findings under section 161.001(b), we cannot say Appellant was harmed by the trial court's refusal.