SAPCR Response Checklist

What to Do When You've Been Served With a Texas Custody Petition

SAFE SAPCR Texas — safesapcrtx.org

Last updated: August 2, 2026

YOUR ANSWER DEADLINE

Your Answer must be filed by 10:00 AM on the first Monday after 20 days from the date you were served. Missing this deadline can result in a default judgment against you.

Date served: __________ Answer due by: __________

1. Immediate Actions (Day 1-3)

Calculate your answer deadlineCount 20 days from date of service, then find the next Monday. Your Answer is due at 10:00 AM that day.

Read the entire petition carefullyNote what is being requested: custody type, visitation schedule, child support amount, any temporary restraining orders (TROs).

Check for a Temporary Restraining Order (TRO)If a TRO is attached, you may have a hearing within 14 days. Read the restrictions carefully and comply immediately.

Preserve all documents you receivedKeep the Citation, Petition, any TRO, and Return of Service. Make copies and store originals safely.

Verify service was properConfirm you were personally served or that substituted service followed correct procedures. Note any irregularities.

Tip: If you cannot afford an attorney, contact Texas RioGrande Legal Aid, Lone Star Legal Aid, or your county's legal aid office immediately. Many offer free help for custody cases.

2. Prepare Your Answer (Day 3-15)

Decide: General Denial or Specific AnswerA General Denial denies everything and preserves all defenses. A Specific Answer addresses claims individually. When in doubt, file a General Denial.

Consider filing a Counter-PetitionIf you want to request custody, specific visitation, or child support, you need to file a Counter-Petition with your own requests.

Get the correct court formsAvailable free at TexasLawHelp.org, your county law library, or the district clerk's office.

Include your case number and courtCopy the cause number and court from the Citation. File in the same court where the petition was filed.

Request a fee waiver if neededFile a "Statement of Inability to Afford Payment of Court Costs" (TRCP Rule 145) if you cannot afford filing fees.

3. File Your Answer (Before Deadline)

File your Answer with the district clerkFile in person, by mail (must be received before deadline), or via e-filing if your county supports it.

Get a file-stamped copyKeep a copy stamped with the filing date as proof of timely filing.

Serve a copy on the opposing party or their attorneyAfter filing, send a copy to the petitioner's attorney (or the petitioner if unrepresented) via the method required by your court.

Warning: If you miss your answer deadline, the opposing party can request a default judgment and you may lose custody without ever being heard. If your deadline has passed, see our guide: What Happens If You Don't Respond to a SAPCR.

4. Gather Evidence

Document your relationship with your childPhotos, school involvement records, medical appointment records, communication logs, activity participation.

Gather proof of stable living situationLease/mortgage, utility bills, photos of child's room and living space.

Collect income and financial documentsPay stubs, tax returns, bank statements. These will be needed for child support calculations.

Document any concerns about the other parentIf applicable: police reports, CPS records, communications showing concerning behavior. Stick to facts and documentation.

Identify potential witnessesFamily members, teachers, coaches, doctors, or others who can speak to your parenting and relationship with your child.

5. Prepare for Court

Request notice of all hearingsFile a written request with the court clerk and opposing counsel to receive written notice of every hearing date.

Research the judge assigned to your caseLook up the judge's courtroom procedures, local rules, and any standing orders for family cases.

Prepare a proposed parenting planCourts favor parents who come prepared with a specific, child-focused custody and visitation proposal.

Organize your evidenceCreate a binder with labeled tabs. Courts appreciate organization. Bring 3 copies: one for you, one for the court, one for opposing counsel.

Attend every hearingMissing a hearing can result in a default judgment. If you absolutely cannot attend, file a motion for continuance in advance.

Tip: If you suspect fraud in your case (false address on service, perjured affidavits, or other misconduct), see our Fraud Documentation Checklist for what to preserve and how to report it.

6. If Service Was Improper

Get a copy of the Return of Service from the clerkThis shows who served you, where, when, and how. Check every detail for accuracy.

Get the Certificate of Last Known AddressUnder TRCP Rule 239a, the party taking a default judgment must file a certificate stating your last known email address and mailing address. It is filed for any default judgment, not only after service by publication. Check it against where you actually lived on that date.

Document your actual address at the time of serviceGather lease agreements, utility bills, mail delivery records, voter registration, or DMV records showing your real address.

Consult an attorney about challenging serviceImproper service may make the case void or voidable. A Bill of Review may be appropriate if a default judgment was already entered.

Notes

Primary authorities

The law described on this page, at its source. Statutes and rules are amended; the date above is when this page was last checked against them.

Texas Rules of Civil Procedure (PDF) — Rule 145