To get a copy of your custody agreement in Texas, contact the District Clerk in the county where your case was decided. You can walk in, mail a written request, or order online. Fees are set by state law at $1 per page plus $5 for a certified seal, so a typical order runs $15 to $25.
Know Which Document to Ask For
Texas doesn’t call it a “custody agreement.” If you and the other parent were never married, your custody terms are in an Order in Suit Affecting the Parent-Child Relationship, usually shortened to SAPCR. If you divorced, those same terms are almost always inside the Final Decree of Divorce rather than a separate document. Requesting the wrong one is the most common reason people leave the clerk’s office without what they came for.
If your arrangement has been changed since it was first entered, ask for the most recent modification order too. The clerk’s file holds every document filed in the case, and you won’t automatically be handed the current version. If you’re not sure what’s in there, ask the clerk to pull up the case docket so you can see every order that’s been entered.
What the Clerk Needs From You
There is no statewide court records database in Texas. Each of the 254 counties keeps its own records, and the District Clerk in the county that finalized your order is the official custodian of the file.1Texas State Law Library. About the Texas Courts – Court Records2Hood County, Texas. District Clerk Responsibilities So the first thing to know is which county.
Your case number is the fastest way to locate the file. If you don’t have it, most county websites let you search by the parties’ full legal names. Some clerks will run the search for you by phone or at the counter, sometimes for a small research fee.
You’ll also need to decide between a certified and a non-certified copy. A non-certified copy is a plain photocopy, fine for your own records or your attorney’s file. A certified copy carries the clerk’s stamp and seal, and that’s what schools, government agencies, and the U.S. State Department require. If you’re applying for a child’s passport as the only parent involved, the State Department wants a certified court order showing sole custody or permission to apply.3U.S. Department of State. Apply for a Child’s Passport Under 16
Three Ways to Request a Copy
In Person
Walking into the District Clerk’s office is the quickest route. Bring your case number (or the parties’ names), a valid photo ID, and a way to pay. Most offices accept cash, credit cards, cashier’s checks, and money orders. The clerk can usually pull the case, print the order, and certify it while you wait.
By Mail
If you’re out of the county or out of state, mail a written request to the District Clerk. Include your case number, the specific document you need, whether you want a certified or non-certified copy, your return address, and a phone number or email in case the clerk has questions. Enclose a cashier’s check or money order for the estimated cost. Some counties won’t accept personal checks, so a money order is safer. Plan on a couple of weeks between mailing the request, processing, and the return trip.
Online
Many counties now let you request records through the District Clerk’s website. You fill out a form with the case details and pay by credit or debit card, sometimes with a small convenience fee. Non-certified copies can often be delivered electronically. Certified copies still have to be mailed, because the physical seal can’t travel by email.4Williamson County, TX. District Clerk
Texas also runs a statewide platform called re:SearchTX that covers all 254 counties. If you were a party to the case or represented yourself, you can create a free eFileTexas account and access your case documents without paying.5re:SearchTX. FAQs It won’t give you a sealed certified copy, but it’s a fast way to pull the order for your own reference or figure out which document you actually need before you order a certified copy.
What It Costs
Copy fees are set by state statute, not by the county, so the rates are the same everywhere in Texas.6State of Texas. Texas Government Code 51.318 – Fees Due When Documents are Filed or When Certain Services are Performed
- Paper copies, certified or not: $1 per page.
- Electronic copies of electronic documents: $1 for the first 10 pages, then $0.10 for each additional page.
- Certification seal: a flat $5 on top of the page fees.
A 15-page custody order as a certified paper copy runs $15 in page fees plus $5 for the seal, so $20 total. The same document as a non-certified electronic copy costs about $1.50. Online orders may add a small credit card convenience fee.
If you’ve already filed a Statement of Inability to Afford Payment of Court Costs in your case, the clerk should waive copy fees. Texas Rule of Civil Procedure 145 defines “costs” broadly enough to cover clerk copy charges.7Texas Law Help. I Cannot Afford My Court Fees If you qualify but haven’t filed one yet, you can do so at any point during the case; the form is on TexasLawHelp.org and at most clerk’s offices.
Who Can Access the File, and What Gets Redacted
Family court records involving children often carry access limits that don’t apply to other civil cases. In many counties, SAPCR files are open only to the parties, their attorneys, and certain authorized individuals, not the general public.8Texas State Law Library. Court Records – Guides at Texas State Law Library If a third party such as a new spouse, grandparent, or school administrator needs a copy, you may need to hand it to them yourself or get a court order authorizing their access.
Even the copy you receive will have certain personal information removed. Texas rules require redaction of sensitive data from court documents, including Social Security numbers, bank account numbers, driver’s license numbers, birth dates, home addresses, and the names of any children who were minors when the case was filed.9Texas Law Help. Sensitive Data If you need an unredacted version for a specific legal purpose, plan to work with your attorney or file a motion with the court.
When You Need More Than a Standard Certified Copy
A regular certified copy is enough for most uses inside Texas. Outside the state or the country, the bar goes up.
Exemplified Copies for Other States
Some states require an exemplified or triple-certified copy before they’ll recognize a Texas court order. This version adds certification from a presiding judge and sometimes another court officer on top of the District Clerk’s seal. Ask the clerk in the county where your order was entered whether they can prepare one. There’s an extra fee, usually modest.
Apostille for Use Abroad
To present your custody order in a foreign country, you’ll need an apostille from the Texas Secretary of State’s office. An apostille is an internationally recognized certificate that verifies the document is authentic. The fee is $15 per document.10Office of the Texas Secretary of State. Request a Universal Apostille Texas issues a universal apostille that works in all countries, including those that haven’t joined the Apostille Convention; for non-Convention countries, you may also need an additional authentication from the U.S. State Department.11Office of the Texas Secretary of State. Apostille/Authentication of Documents
One catch: the Secretary of State won’t apostille a court document that’s more than five years old. If your order is older than that, get a fresh certified copy from the District Clerk before applying.