To file an emergency custody order in Texas, you submit three documents together to the district clerk in the county where your child lives: an Original Petition in a Suit Affecting the Parent-Child Relationship (SAPCR), an Application for a Temporary Restraining Order with a Request for Extraordinary Relief, and a sworn affidavit describing the danger to the child. A judge can review and sign the order the same day, without notifying the other parent first. The order lasts 14 days.
What Counts as an Emergency
Judges set a high bar because signing an emergency order strips a parent of access before that parent has a chance to respond. You need to show a present, concrete threat to the child’s physical health or safety. Situations that regularly clear the threshold include physical abuse, sexual abuse, severe neglect where basic needs like food or shelter are not being met, and a parent’s active drug use that puts the child in harm’s way.
A credible threat of interstate or international abduction also supports emergency relief. One-way plane tickets, closed bank accounts, or statements to others about disappearing with the child are the kinds of facts judges look for. Disagreements about bedtimes, complaints about a new partner, or frustration with the visitation schedule will not get you an emergency order. The question is whether the child is unsafe right now.
The Three Documents You File Together
The core package has three pieces, and all of them go in at once.
The Original Petition in a SAPCR starts the underlying custody case. It identifies both parents, lists the children, and states what custody and support orders you are asking the court to make. A standardized version is available through TexasLawHelp.org.
The Application for a Temporary Restraining Order with Request for Extraordinary Relief is the document that asks specifically for emergency action. “Extraordinary relief” means orders that go beyond a standard TRO, such as granting you temporary possession of the child or excluding the other parent from access.
The supporting affidavit or verified pleading is the sworn statement describing why the child is in danger. Under Texas Family Code Section 105.001(c), a judge cannot grant extraordinary relief like awarding temporary possession or excluding a parent from access unless the request is supported by either a verified pleading or an affidavit that meets the standards of the Texas Rules of Civil Procedure.1State of Texas. Texas Family Code FAM 105.001 Standard TRO provisions, such as ordering a parent not to hide the child or destroy records, do not require the affidavit.
How to Write the Affidavit
Most emergency filings succeed or fail on this document. The judge is reading a stack of paper with no one from the other side in the room, so your sworn statement carries the entire case. “He is dangerous” or “she is an unfit mother” accomplishes nothing. Describe specific incidents with dates, times, locations, and what you personally witnessed or what the child told you.
Include the full legal names and current addresses of all parties, including anyone who currently has physical possession of the child. State clearly where the child is right now. If law enforcement has responded to any incident, reference the police report numbers. If medical professionals treated the child for injuries, name the dates and facilities. Concrete detail is what persuades a judge that waiting for a standard hearing would put the child at risk.
The affidavit must be sworn under oath. Sign it before a notary public, or use an unsworn declaration under penalty of perjury as permitted under Texas Civil Practice and Remedies Code Section 132.001. Either method gives the document legal force. Everything in it must be truthful; false statements carry criminal consequences described below.
Where to File and What It Costs
File with the district clerk in the county with jurisdiction over your case. Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act, which generally gives jurisdiction to the state where the child has lived for the six consecutive months before filing. Within Texas, venue is typically the county where the child currently resides.
Statewide mandatory filing fees for a civil case total $350, which covers the local consolidated civil fee and the state consolidated civil fee.2Texas Courts. County-Level Court Civil Cases and Actions Counties may add local fees, so the total typically lands between $350 and $450. If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs, a standardized form from the Texas Judicial Branch.3Texas Courts. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond The waiver is not automatic, but the clerk must accept your case while the request is pending.
Once the clerk processes the filing, you or your attorney typically hand-carry the paperwork to a judge or associate judge for immediate review. This is not a filing that sits in a queue. The whole point is same-day consideration.
The Ex Parte Review
The judge reviews your request “ex parte,” meaning the other parent is not present and was not notified. The judge reads your affidavit and petition and may ask you questions about the facts. No witnesses testify. No cross-examination happens. The decision rests on your written submissions and whatever you say in the brief meeting.
If the judge finds the child faces immediate danger, they sign the TRO. If not, the request is denied and you proceed through the standard temporary orders process, which requires notifying the other parent and scheduling a hearing. A denial does not mean the judge disbelieves you. It means the evidence did not clear the threshold for acting without hearing from both sides.
The 14-Day Clock Starts Immediately
A signed TRO in a desk drawer protects no one. Once the judge signs, move.
- Return to the clerk’s office and obtain several certified copies of the signed order. You will need them for law enforcement, the child’s school or daycare, and for service on the other parent.
- Arrange formal service on the other parent, who must receive the TRO along with a copy of the petition and information about the upcoming hearing. Service can be completed by a constable, sheriff, or private process server.4Office of the Texas Secretary of State. Service of Process
- Deliver a certified copy to the child’s school, daycare, or any other caretaker. If the order restricts the other parent’s access, these institutions need to know.
The TRO lasts 14 days or until the temporary orders hearing, whichever comes first, starting the day the judge signs. Courts can extend a TRO for another 14 days in limited circumstances, but do not count on this. If the other parent is not served or the hearing cannot be scheduled in time, the TRO expires and you lose the emergency protections.
The Temporary Orders Hearing
The temporary orders hearing is the follow-up where both parents appear. Unlike the ex parte process, this is a full adversarial hearing with testimony, evidence, and cross-examination. The other parent can bring an attorney, present witnesses, and challenge everything in your affidavit.
The judge will decide whether to extend the emergency protections, modify them, or dissolve the TRO. The standard is the best interest of the child, weighing each parent’s living situation, history of violence or substance abuse, the child’s existing relationships, and any evidence presented by either side. Temporary orders issued after this hearing last until the final trial in the SAPCR, which can be months or over a year later.1State of Texas. Texas Family Code FAM 105.001
If you obtained the emergency order, you carry the practical burden of showing why the protections should continue. Bring photographs, medical records, police reports, text messages, and any witnesses who can corroborate the danger.
If You Cannot Locate the Other Parent
Service is not optional, and the TRO will expire if the other parent is not properly served before the hearing. If a constable or process server cannot find the other parent through standard methods, you can ask the court for substituted service. This requires a motion and an affidavit from the person who attempted service, explaining the efforts made and confirming an address where the other parent lives, works, or can be found.
If granted, the order may authorize the server to leave the papers with someone over 16 at the confirmed address or to use another method the judge considers reasonably effective. This process takes time, which is a problem when your TRO is ticking down. Start service efforts the day the order is signed.
Enforcement If the Order Is Violated
A signed TRO is enforceable by contempt of court under Texas Family Code Section 105.001(f).1State of Texas. Texas Family Code FAM 105.001 If the other parent violates the order by contacting the child, coming to a restricted location, or interfering with your possession, call law enforcement and show them the certified copy. You can also file a motion for enforcement and contempt, which can result in fines or jail time.
Where a parent is likely to flee with the child or refuse to surrender possession, the court can issue a writ of attachment. This authorizes a sheriff or constable to physically take possession of the child and deliver them to you, the court, or an agency named by the judge.
Penalties for a False Affidavit
Because the emergency process bypasses the other parent’s right to be heard, Texas courts treat false allegations severely. A sworn affidavit containing statements you know to be false constitutes perjury under Texas Penal Code Section 37.02, a Class A misdemeanor carrying up to one year in jail and a fine of up to $4,000. If the false statement materially affects the outcome of the proceeding, the charge can be elevated to aggravated perjury under Section 37.03, a third-degree felony punishable by up to 10 years in prison and a $10,000 fine.
A judge who discovers false statements in an emergency affidavit will almost certainly dismiss the TRO and may impose sanctions, award attorney’s fees to the other parent, or make adverse findings on custody. If the facts genuinely support an emergency order, present them accurately. If they do not, pursue standard temporary orders through the normal hearing process instead.