What Is a SAPCR in Texas?

Last updated: August 2, 2026

A SAPCR (Suit Affecting the Parent-Child Relationship) is the legal proceeding used in Texas to establish or modify custody, conservatorship, visitation, child support, and parental rights. SAPCRs are governed by the Texas Family Code and are filed in district court.

Who Can File a SAPCR?

Under the Texas Family Code (§ 102.003), the following persons may file a SAPCR:

• A parent of the child
• A person with court-ordered possession of or access to the child
• A grandparent or other relative meeting specific statutory conditions
• A guardian of the child
• The Texas Department of Family and Protective Services (CPS)

The court must have jurisdiction, which generally requires that the child has resided in the county for at least six months before filing.

How to File a SAPCR in Texas: Step by Step

1. Obtain the Original Petition form from TexasLawHelp.org or your county law library. Free forms are available.
2. Complete the petition with information about both parents, the child, and the custody arrangement you are requesting.
3. File with the district clerk in the county where the child has resided for the last six months. You can file in person or electronically through eFileTexas.gov (free).
4. Pay the filing fee or file a Statement of Inability to Afford Payment of Court Costs if you cannot afford it.
5. Serve the other parent with the petition and citation. Under Texas Rule of Civil Procedure 103, service may be performed by a sheriff, constable, certified process server, or other person authorized by the court.

SAPCR Filing Costs in Texas

Filing fees vary by county but typically range from $250 to $350 for the initial petition. Additional costs may include service of process fees ($75-$150 for constable service) and any required copies. If you cannot afford the fees, you can file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145, which waives the fees.

SAPCR Timeline: What to Expect

• Filing to service: The petition must be served on the respondent as soon as practicable after filing.
• Answer deadline: The respondent must file an answer by 10:00 AM on the first Monday after 20 days from service (Texas Rule of Civil Procedure 99).
• Temporary orders: Either party may request temporary orders for custody, support, and possession while the case is pending.
• Discovery: Parties exchange information and documents. The discovery period is typically 9 months under Level 2 discovery (Rule 190.3) or 30 days before trial in Family Code cases.
• Mediation: Most courts require mediation before trial. Many cases settle at this stage.
• Trial: If the case does not settle, it goes to trial before a judge or jury. Either party may request a jury trial for custody questions.
• Final order: The court issues a final SAPCR order establishing conservatorship, possession, access, and child support.

Types of Conservatorship in Texas

Texas uses the term "conservatorship" instead of "custody." There are three types:

• Joint Managing Conservatorship (JMC): Both parents share rights and duties. This is the presumption under Texas Family Code § 153.131. One parent is typically designated with the right to determine the child's primary residence.
• Sole Managing Conservatorship (SMC): One parent has exclusive rights to make major decisions. The other parent is usually named Possessory Conservator with visitation rights. SMC is ordered when JMC would not be in the child's best interest.
• Possessory Conservatorship: The non-managing parent, who typically has a possession schedule (visitation) but fewer decision-making rights.

What Happens If You Don't Respond to a SAPCR

If a respondent fails to file an answer by the deadline, the petitioner may request a default judgment. A default judgment in a SAPCR can award sole managing conservatorship, restrict visitation to supervised-only, and establish child support — all without the respondent being heard.

Under Texas Rule of Civil Procedure 239a, the petitioner's attorney must certify the respondent's last known email address and mailing address so the clerk can send notice of the judgment. However, there is no requirement to verify that the address is accurate. Learn more about how extrinsic fraud occurs in SAPCR cases.

SAPCR Forms Needed in Texas

• Original Petition — Initiates the case
• Citation — Court-issued document served on the respondent
• Answer — Respondent's response to the petition
• Counter-Petition — Respondent's own custody requests
• Parenting Plan — Proposed possession and access schedule
• Final Order — The court's ruling on all issues

Free forms are available at TexasLawHelp.org, your county law library, and through our templates page. You can file electronically for free through eFileTexas.gov.

Key Texas Statutes Governing SAPCR

• Texas Family Code Title 5 — The Parent-Child Relationship
• Texas Family Code § 102.003 — Who may file a SAPCR
• Texas Family Code § 153.131 — Presumption of Joint Managing Conservatorship
• Texas Family Code § 153.002 — Best interest of the child standard
• Texas Family Code § 156.101 — Modification of conservatorship
• TRCP Rule 99 — Issuance and form of citation
• TRCP Rule 103 — Who may serve process
• TRCP Rule 106 — Method of service
• TRCP Rule 107 — Return of service
• TRCP Rule 239a — Certificate of Last Known Address / Notice of default judgment

Frequently Asked Questions

What does SAPCR stand for?

SAPCR stands for Suit Affecting the Parent-Child Relationship. It is the legal proceeding in Texas used to establish or modify custody, conservatorship, visitation, and child support.

How much does it cost to file a SAPCR in Texas?

Filing fees typically range from $250 to $350, plus $75-$150 for service of process. If you cannot afford the fees, you can file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145.

How long does a SAPCR take in Texas?

A SAPCR can take anywhere from a few months to over a year depending on whether the case settles at mediation or goes to trial. The discovery period is typically 9 months under Level 2 discovery.

What is the difference between custody and conservatorship in Texas?

Texas uses 'conservatorship' instead of 'custody.' Joint Managing Conservatorship (JMC) means both parents share rights. Sole Managing Conservatorship (SMC) gives one parent exclusive decision-making rights. The other parent becomes a Possessory Conservator with visitation rights.

What happens if I don't respond to a SAPCR in Texas?

If you fail to file an answer by 10:00 AM on the first Monday after 20 days from service, the court may enter a default judgment awarding custody to the petitioner without hearing your side.

Related Resources

Inside a SAPCR: Stage-by-Stage Guides

This guide is for informational purposes only and is not legal advice. Consult a licensed Texas family law attorney for advice on your specific situation. Sources: Texas Family Code, Texas Rules of Civil Procedure, TexasLawHelp.org.