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Texas SAPCR: Get Started Guide

Proposed — not Texas law The SAFE SAPCR Act is draft legislation. It has not been introduced, has not passed either chamber, and is not in effect. Nothing on this page describes a rule a Texas court applies today.

Your Quick-Reference Checklist for Custody Cases & Parental Rights

SAFE SAPCR Texas | safesapcrtx.org

Last updated: August 26, 2026

What is SAPCR?

SAPCR stands for Suit Affecting the Parent-Child Relationship. It's the legal proceeding in Texas used to establish or modify:

Conservatorship (Custody)

Managing conservator (decision-making)
Possessory conservator (visitation)
Joint managing conservatorship

Other Issues

Child support amounts
Possession schedules
Medical support/insurance
Paternity establishment

Are You Affected? Checklist

Check any that apply to your situation. The summary underneath updates as you go, and points you at the pages that match what you ticked.

You never received custody papers but learned a case was filed against you
Papers were served to the wrong address — not where you actually lived
A default judgment was entered without your knowledge or participation
You discovered a custody order exists that you didn't know about
Someone filed a false address with the court as your "last known address"
Service was by posting or publication when you could have been found

If any of these apply to you: you may have been affected by improper service of process, and that may be grounds for a Bill of Review to set aside a default judgment. A bill of review generally must be filed within four years of the date the judgment was signed (Tex. Civ. Prac. & Rem. Code § 16.051), so plan around four years rather than assuming there is no deadline. Speak to an attorney about your specific facts.

Immediate Steps If You've Been Affected

Step 1: Gather Documentation

Proof of your actual address at the time of alleged service (lease, utility bills, mail, W-2)
Court records showing the Certificate of Last Known Address filed
Service documents (citation, return of service, publication notices)
Timeline of when you learned about the case and what steps you've taken

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Step 2: Understand Your Legal Options

Bill of Review

Sets aside void/voidable judgments
Requires proving fraud, accident, or wrongful act
Filed as separate lawsuit in same court
Generally four years from the date the judgment was signed (Tex. Civ. Prac. & Rem. Code § 16.051)

Motion for New Trial

Must file within 30 days of judgment
Used for recent judgments only
Lower burden of proof
Same case, not new lawsuit

Step 3: Take Action

Consult a family law attorney experienced in Bill of Review cases — see free and low-cost options if you cannot pay
File a complaint with the State Bar if attorney misconduct occurred
Document everything — keep copies of all communications and filings
Contact your legislator — reform requires constituent pressure

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Key Terms to Know

Certificate of Last Known Address (Rule 239a): A written certification (not a sworn statement) the party taking a default judgment must file, listing the defendant's last known email address and mailing address. It is required for any default judgment, not only one following service by publication. Currently requires NO verification.

Extrinsic Fraud: Fraud that prevents you from having a fair opportunity to present your case — like filing a false address or hiding service attempts.

Default Judgment: A court ruling entered when one party fails to respond. If you weren't properly served, this judgment may be voidable.

The Solution: SAFE SAPCR Act

We're advocating for Texas legislation that would:

Require constable service in all SAPCR cases (no more cheap alternatives)
Mandate due diligence before certifying addresses
Create expedited Bill of Review hearings (60 days, not years)
Add criminal penalties for fraudulent address certification

Your voice matters. Contact your state representative and senator. Tell them: "Support the SAFE SAPCR Act to protect Texas families from custody fraud."

Resources & Next Steps

Full Case Study: safesapcrtx.org/case-study
Find Your Legislator: safesapcrtx.org/legislators
Sign the Petition: safesapcrtx.org/petition
Texas Courts Self-Help: txcourts.gov/programs-services/self-help/
State Bar of Texas: texasbar.com (attorney lookup & complaints)

Where to Go Next

Start with whichever describes your situation. Every remedy below is deadline-driven, so check your dates first.