A Suit Affecting the Parent-Child Relationship in Texas, known in the courts as a SAPCR, is the legal proceeding used to establish or change custody, visitation, child support, and parental rights for a child. It can be filed on its own or as part of a divorce, and the resulting order carries the force of law: a parent who fails to comply can face wage garnishment, contempt proceedings, and other court remedies. If a Texas court needs to make binding decisions about how a child is raised and supported, those decisions happen inside a SAPCR.
Who Can File
Texas law limits SAPCR filing rights to people with a real connection to the child. Parents, legal guardians, and governmental entities like the Texas Department of Family and Protective Services can file at any time, with no additional showing required.1State of Texas. Texas Family Code 102.003 – General Standing to File Suit
Non-parents face a higher bar. A person who has had exclusive care, control, and possession of the child for at least six months can file, as long as the six-month period ended no more than 90 days before the petition is submitted. The standard was updated in 2025 from “actual” to “exclusive” care, so casual or shared involvement no longer qualifies.2Texas Children’s Commission. Texas Child Welfare Law Bench Book – General Standing
Grandparents and other relatives within the fourth degree of consanguinity, which reaches as far as great-great-grandparents and first cousins, can file for managing conservatorship only if they show that the child’s current living situation would seriously harm the child’s physical health or emotional development. Courts require satisfactory proof of that harm, not simple disagreement with how a parent is raising the child.2Texas Children’s Commission. Texas Child Welfare Law Bench Book – General Standing
Alleged fathers seeking to establish paternity can file a SAPCR to pursue custody, visitation, or support. Intended parents under gestational agreements have to meet separate statutory requirements for surrogacy and assisted reproduction.
Where the Case Is Filed
An original SAPCR must be filed in the county where the child resides. Residence generally means the child has lived in that county for at least six months before filing; for a child under six months old, the proper county is wherever the child has lived since birth.3State of Texas. Texas Family Code 103.001 – Venue for Original Suit When a SAPCR is filed alongside a divorce, both cases must be heard in the same court.
If the child has lived in more than one state, jurisdiction is decided under the Uniform Child Custody Jurisdiction and Enforcement Act, which Texas adopted as Family Code Chapter 152. The UCCJEA gives priority to the child’s “home state,” meaning the state where the child lived with a parent for at least six consecutive months immediately before the case was filed.4State of Texas. Texas Family Code Chapter 152 – Uniform Child Custody Jurisdiction and Enforcement Act If no state meets that definition, a Texas court can step in when the child has significant connections here and substantial evidence about the child’s care exists in the state.
Once a Texas court issues a final SAPCR order, it keeps continuing exclusive jurisdiction over that child. No other Texas court can hear a case involving the child unless jurisdiction is formally transferred. Transfer is mandatory when a modification or enforcement action is filed in the original court and a party shows the child has lived in a different Texas county for at least six months. The case moves to the new county.5State of Texas. Texas Family Code Chapter 155 – Continuing, Exclusive Jurisdiction; Transfer – Section: Mandatory Transfer A transfer also happens if a parent files for divorce in a different court and asks to consolidate the SAPCR there.
What the Petition Must Include
The SAPCR petition identifies each child by full name and date of birth, states where the child lives, describes the petitioner’s relationship to the child, and specifies what the petitioner is asking the court to do. Any existing protective orders or allegations of family violence have to be disclosed. The petition must also state whether any court already has continuing jurisdiction over the child.
After filing, the petitioner serves the other parties. Texas law requires personal service or certified mail through a sheriff, constable, or authorized process server. When a party cannot be located, the court can allow alternative methods like service by publication or posting. Petitioners also file an affidavit disclosing whether any party is on active military duty, which triggers protections under the Servicemembers Civil Relief Act when applicable. In cases involving child support, a financial information statement showing income and expenses is typically required.
Temporary Orders While the Case Is Pending
A SAPCR can take months to reach a final hearing, and Chapter 105 of the Family Code lets courts issue temporary orders in the meantime. These are not final, but they carry the same enforcement power as a permanent order until the court replaces them.
A temporary order might set which parent the child lives with, put a provisional visitation schedule in place, order temporary child support, and bar either party from removing the child from the court’s jurisdiction. Separately, the court can issue a temporary restraining order when there is an immediate risk to the child’s safety. Those are shorter-duration emergency measures.
Conservatorship Instead of Custody
Texas does not use the word “custody” in its family code. Instead, the court appoints one or both parents as “conservators” with defined rights and responsibilities. Conservatorship splits decision-making authority and physical possession into separate categories.
Joint Managing Conservatorship
Texas law presumes that appointing both parents as joint managing conservators serves the child’s best interests. Joint conservatorship does not automatically mean equal time. It means both parents share decision-making authority on major issues like education, medical care, and the child’s primary residence. One parent is usually designated with the exclusive right to decide where the child lives, often within a geographic restriction.
Sole Managing Conservatorship
When joint conservatorship would not work for the child, the court may name one parent as the sole managing conservator. The other parent becomes the possessory conservator, retaining visitation rights but with limited authority over major decisions. Reasons for sole managing conservatorship include a history of family violence, substance abuse, neglect, or prolonged absence from the child’s life.
If credible evidence shows a history or pattern of domestic violence or child abuse by one parent, the court cannot appoint that parent as a joint managing conservator. The statute treats this as a rebuttable presumption against joint conservatorship rather than a discretionary call.6State of Texas. Texas Family Code Chapter 153 – Conservatorship, Possession, and Access In rare cases where neither parent is fit, a non-parent such as a grandparent can be appointed managing conservator.
Possession and Access
Texas calls visitation “possession and access.” The court sets a schedule for when each parent has the child, and the default framework is the Standard Possession Order (SPO).
The SPO is presumed to be the minimum time a noncustodial parent should have. For parents who live within 100 miles of each other, the default gives the noncustodial parent the first, third, and fifth weekends of every month, one weekday evening per week during the school year, roughly 30 days during summer, and alternating holidays.7Office of the Attorney General. Parenting Time Schedule Parents can also elect an expanded version that stretches weekend possession from the time school lets out on Thursday until school resumes on Monday. The SPO does not automatically apply to children under three; courts typically use a phased-in schedule for younger children that gradually transitions to the full SPO.
When parents live more than 100 miles apart, the weekend schedule shifts. The noncustodial parent can choose one weekend per month instead of the standard first, third, and fifth. Summer possession increases to 42 days, and the noncustodial parent gets every spring break. If a parent has a documented history of family violence or substance abuse, the court can order supervised visitation at a designated facility or in the presence of an approved third party. Orders sometimes include provisions for electronic communication such as video calls on days the child is with the other parent.
How Child Support Is Calculated
Texas uses a percentage-of-income model. The noncustodial parent (the “obligor”) pays a set percentage of net monthly resources based on the number of children:
- One child: 20% of net resources
- Two children: 25%
- Three children: 30%
- Four children: 35%
- Five or more children: 40% (no less than the amount for five)
These percentages apply only up to a statutory cap on net monthly resources. As of September 1, 2025, that cap is $11,700 per month, up from the previous $9,200. Under the new cap, maximum guideline support for one child is $2,340 per month. When a parent earns more than the cap, the percentage formula applies to the first $11,700 only, unless the court finds the child’s needs justify additional support. The cap is adjusted every six years based on changes in the Consumer Price Index.
Child support orders also include medical and dental support. The obligor is typically required to provide health insurance for the child or reimburse the custodial parent for coverage costs. Support obligations continue until the child turns 18 or graduates from high school, whichever is later, unless the child marries, is emancipated, or has a disability that calls for indefinite support.
When the Child Gets Their Own Lawyer
In some SAPCR cases the court appoints independent legal representation for the child. This is most common in high-conflict cases and in cases involving a government agency.
When the Department of Family and Protective Services files a suit to terminate parental rights or to be named the child’s conservator, the court must appoint an attorney ad litem for the child, and the appointment happens immediately after filing, before the first adversary hearing.8State of Texas. Texas Family Code Chapter 107 – Special Appointments, Child Custody Evaluation, and Social Study A guardian ad litem must also be appointed, though one attorney can serve in both roles.
In private SAPCR cases, the court may appoint an amicus attorney to interview the child (if age four or older), investigate the facts, and make recommendations. An amicus attorney focuses on the child’s best interests even when those diverge from what the child says they want, which is different from an attorney ad litem who advocates for the child’s stated wishes. Courts can also appoint an attorney ad litem in private cases if the child’s interests are not adequately represented by either parent.
Mediation and Settlement Agreements
Most Texas family courts require parents to attempt mediation before trial. Mediated agreements tend to hold up better over time because both parents shape the terms rather than having a judge impose them.
A mediated settlement agreement in a SAPCR is binding and irrevocable if it meets three conditions: it contains a prominently displayed statement (in bold, capitals, or underlined text) that the agreement cannot be revoked, it is signed by both parties, and it is signed by each party’s attorney who was present at the time.6State of Texas. Texas Family Code Chapter 153 – Conservatorship, Possession, and Access Once those requirements are met, a court generally must enter judgment on the agreement. The narrow exceptions apply when the court finds a party was a victim of family violence, the agreement would give a dangerous person access to the child, or the terms are not in the child’s best interests.
Geographic Restrictions
Texas SAPCR orders frequently include a geographic restriction limiting where the child can live. A typical restriction confines the child’s residence to a specific county and the surrounding contiguous counties. The restriction exists to keep the child within reasonable distance of both parents so the noncustodial parent can realistically exercise visitation.
If the parent with the exclusive right to designate the child’s primary residence wants to move outside the restricted area, that parent must file a petition to modify. Moving without court permission violates the order and can lead to enforcement action. The parent asking for the change bears the burden of showing the relocation serves the child’s best interests.
Modifying an Existing Order
A parent seeking to change conservatorship, possession, or residence designation must show a material and substantial change in circumstances since the last order was entered.9State of Texas. Texas Family Code 156.101 – Grounds for Modification of Order Establishing Conservatorship or Possession and Access Common triggers include a parent’s relocation, significant income changes, evidence of neglect or abuse, or a child’s evolving needs.
If the child is at least 12 years old, a party can ask the judge to interview the child in chambers about preferences on custody or primary residence. The court must grant that interview when requested, but the child’s preference does not control the outcome; the judge still decides based on the child’s best interests.6State of Texas. Texas Family Code Chapter 153 – Conservatorship, Possession, and Access
Modification petitions must be filed in the court with continuing exclusive jurisdiction. Contested modifications may be ordered to mediation before trial. Child support modifications follow a slightly different track: a parent can seek a change if the current order has been in effect at least three years and the monthly amount differs by 20% or more from what the guidelines would produce, or if there has been a material and substantial change in circumstances.
Enforcement When a Parent Won’t Comply
Texas provides separate enforcement paths for child support and for possession and access, and the difference catches many parents off guard.
The Office of the Attorney General’s Child Support Division enforces support orders. When a parent falls behind, the OAG can pursue wage withholding, place liens on property, intercept tax refunds, and request suspension of driver’s licenses, professional licenses, and even hunting and fishing licenses through agreements with over 60 licensing agencies.10Office of the Attorney General. How We Enforce In severe cases, the court can hold the non-paying parent in contempt, which carries the possibility of jail time.11Office of the Attorney General. What We Can and Cannot Do
Visitation enforcement is different. The OAG does not enforce possession and access orders. A parent being denied court-ordered time with the child must file an enforcement motion directly with the court. Remedies include make-up possession time, attorney’s fees, and contempt. Parents often assume the same agency that handles support enforcement will also handle visitation disputes, but the law draws a clear line between the two.11Office of the Attorney General. What We Can and Cannot Do
Termination of Parental Rights
A SAPCR can also produce the most extreme outcome in family law: complete termination of the parent-child relationship. Termination permanently ends all legal rights and obligations between parent and child, including custody, visitation, and inheritance.
Because the stakes are so high, Texas requires clear and convincing evidence on two separate findings. First, the court must find that the parent engaged in specific conduct listed in the statute, such as abandonment, endangerment, serious criminal activity, or failure to support the child. Second, the court must independently find that termination is in the child’s best interests. Meeting only one prong is not enough. Involuntary termination most often arises in cases filed by the Department of Family and Protective Services, though private parties can seek it in certain circumstances.
Protections for Military Parents
Deployment creates particular problems for military parents in SAPCR cases, and federal law provides two protections that override conflicting state rules.
A servicemember who receives notice of a SAPCR or related proceeding can request a stay of at least 90 days if military duties prevent them from appearing in court. The request must include a statement explaining how current duties interfere with the ability to appear, an estimated date of availability, and a letter from the servicemember’s commanding officer confirming that leave is not authorized.12Office of the Law Revision Counsel. 50 USC 3932 – Stay of Proceedings When Servicemember Has Notice
In addition, no court may treat a parent’s absence due to deployment as the sole basis for permanently modifying custody. A temporary custody change during deployment is permitted, but it must expire no later than the period justified by the deployment itself. A parent should not lose custody permanently because the military sent them somewhere.13Office of the Law Revision Counsel. 50 USC 3938 – Child Custody Protection
Tax Consequences Parents Often Miss
SAPCR orders create tax effects that often don’t register until filing season. The default IRS rule is that the custodial parent, meaning the parent the child lived with for the greater number of nights during the year, claims the child as a dependent.14Internal Revenue Service. Publication 501, Dependents, Standard Deduction, and Filing Information
A SAPCR order can allocate the dependency exemption differently, but the IRS does not recognize the court order on its own. To shift the exemption to the noncustodial parent, the custodial parent must sign IRS Form 8332, which the noncustodial parent then attaches to the return each year they claim the child.15Internal Revenue Service. Form 8332 – Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent The release can cover a single year, specific future years, or all future years.
Even when the noncustodial parent claims the child as a dependent, certain tax benefits stay with the custodial parent. Head of household filing status, the earned income credit, and the credit for child and dependent care expenses cannot be transferred regardless of what Form 8332 says or what the court order provides.14Internal Revenue Service. Publication 501, Dependents, Standard Deduction, and Filing Information The child tax credit does follow the dependency exemption to the noncustodial parent. Parents negotiating the dependency exemption as part of a SAPCR settlement should know exactly which benefits move and which don’t.