SAPCR Timeline in Texas

Last updated: July 27, 2026

One of the most common questions in a Texas custody case is: how long will this take? The answer depends on whether the case is uncontested or contested, the court's docket, and whether the parties can reach an agreement at mediation. This guide provides realistic timelines based on the Texas Rules of Civil Procedure and Texas Family Code.

This page is part of our complete SAPCR Texas guide.

Uncontested SAPCR Timeline: 3 to 6 Months

An uncontested SAPCR is one where both parties agree on all issues: conservatorship, possession, child support, and other terms. In an uncontested case, the typical timeline is:

1. Filing the petition: Day 1. File the Original Petition through eFileTexas.gov or at the district clerk's office.
2. Service of process: Days 1 to 14. The respondent is served with the petition and citation. See our filing process guide for details on service under TRCP Rules 99, 103, and 107.
3. Answer deadline: 10:00 AM on the first Monday after 20 days from service (TRCP Rule 99). In an uncontested case, the respondent typically files a Waiver of Service or an Answer agreeing to the terms.
4. Agreed order preparation: Weeks 3 to 8. The parties (or their attorneys) prepare the Final Order reflecting the agreed terms.
5. Prove-up hearing: Months 2 to 6. The court schedules a brief hearing where one or both parties testify that they agree to the terms and that the arrangement is in the child's best interest. Many courts can schedule a prove-up within 30 to 60 days of the request.

In some courts, an uncontested SAPCR can be finalized in as little as 60 to 90 days if the parties move quickly.

Contested SAPCR Timeline: 9 to 18 Months

A contested SAPCR occurs when the parties disagree on one or more issues. The contested timeline is significantly longer:

1. Filing and service: Weeks 1 to 4.
2. Answer: The respondent files an answer and potentially a counter-petition, requesting different terms. This triggers the contested case process.
3. Temporary orders hearing: Months 1 to 3. Either party can request temporary orders establishing custody, possession, and child support arrangements while the case is pending. Temporary orders hearings are typically set within 2 to 6 weeks of the request.
4. Discovery period: Months 2 to 11. Under TRCP Rule 190.3 (Level 2 discovery), the discovery period is nine months from the first oral deposition or the due date of the first response to written discovery. For cases governed by the Texas Family Code, discovery must be completed no later than 30 days before trial. Discovery includes interrogatories, requests for production, depositions, and requests for admissions.
5. Mediation: Months 6 to 12. Most Texas courts require mediation before a case can be set for trial. Mediation is conducted by a certified mediator who helps the parties negotiate a resolution. If mediation is successful, the case is resolved without trial. See our cost guide for mediation costs.
6. Trial: Months 9 to 18. If mediation fails, the case is set for trial. Trial settings depend on the court's docket. In busy urban counties like Harris County, it may take 3 to 6 months to get a trial date after mediation fails. The trial itself typically lasts 1 to 5 days for a standard SAPCR.
7. Final order: After trial, the court issues its ruling, and the prevailing party prepares the Final Order for the judge's signature. This typically happens within 2 to 4 weeks of the trial.

Default Judgment Timeline: As Fast as 3 to 5 Months

If the respondent is served but fails to file an answer by the TRCP Rule 99 deadline, the petitioner can request a default judgment. A default judgment can be entered as quickly as 21 days after service, though in practice it often takes longer due to court scheduling.

Speed is not the problem in itself. The problem is that a default timeline is short enough to complete before an unserved parent has any realistic chance of discovering the case exists, which is why service of process carries so much weight at the front of the schedule.

What Happens the Moment You File: Standing Orders

Many Texas counties, including Harris, Dallas, Travis and Bexar, have a standing order that takes effect automatically when a SAPCR is filed. No hearing occurs and no judge signs anything specific to your case — the order attaches by operation of the county's local rules and is typically required to be attached to the petition and served with it.

These orders commonly restrain both parties from things like removing the children from the state, changing schools, disrupting the children's routine, disparaging the other parent in front of them, or altering insurance and financial arrangements. They bind both parties, including the one who filed.

Two practical points follow. First, you can be in violation of a court order within days of a case being filed, before any hearing, simply by not knowing the standing order exists. Read it immediately. Second, if you were never properly served, you never received it — which is one of the quieter harms of defective service, and a reason courts treat service requirements strictly. See improper service in Texas custody cases.

Temporary Orders: The Hearing That Usually Matters Most

Temporary orders govern conservatorship, possession and support while the case is pending, under Texas Family Code § 105.001. In practice they are frequently the most consequential hearing in the case, for a reason that is not obvious: temporary orders establish a status quo, and courts are often reluctant to disrupt an arrangement that has been working by the time of final trial. A temporary order that runs for a year has a way of becoming the final order.

Timing is usually two to six weeks from the request, though congested dockets stretch this. Where there is an immediate risk to a child's physical health or emotional welfare, a temporary restraining order may issue with a short setting for a full hearing.

Do not treat the temporary orders hearing as a preliminary formality. Prepare for it as you would the trial.

The Jury Trial Right Most Parents Do Not Know About

Texas is unusual. Under Texas Family Code § 105.002, a party in a SAPCR may demand a jury trial — and the jury's verdict is binding on specific questions:

• Whether a parent is appointed sole or joint managing conservator
• Which conservator has the exclusive right to designate the child's primary residence, and the geographic area within which that residence must be maintained

The jury may not decide possession and access schedules, child support, or the specific rights and duties allocated between conservators. Those remain with the judge.

A jury demand must be filed and the fee paid a reasonable time before trial, and not less than thirty days in advance, under Rule 216. Requesting a jury generally lengthens the timeline, sometimes considerably, because jury settings are scarcer than bench settings. It is a strategic decision with a real calendar cost, and one worth discussing with counsel rather than defaulting past.

When an Amicus Attorney or Evaluation Is Ordered

If the court appoints an amicus attorney, attorney ad litem, or guardian ad litem under Texas Family Code Chapter 107, or orders a child custody evaluation under Chapter 107, Subchapter D, expect the timeline to extend by three to six months. An evaluation involves interviews with both parents, the children, collateral witnesses, home visits and often psychological testing, followed by a written report the parties need time to review before trial.

These appointments also carry significant cost, allocated between the parties by the court. See our cost guide.

If the Other Parent Lives in Another State

Where the children have recently moved, or the other parent lives elsewhere, jurisdiction must be resolved before anything else can proceed. Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act at Texas Family Code Chapter 152, which generally gives priority to the child's home state — where the child lived with a parent for at least six consecutive months immediately before the case was filed.

A contested jurisdictional dispute, potentially involving conferral between judges in two states, commonly adds two to six months before the merits are reached.

Key SAPCR Deadlines and Rules in Texas

Answer Deadline (TRCP Rule 99)

The respondent must file an answer by 10:00 AM on the first Monday after 20 days from service. Missing this deadline can result in a default judgment.

Discovery Period (TRCP Rule 190.3)

This is widely misstated, including on other Texas legal sites, so it is worth being precise. Under Rule 190.3(b)(1), Level 2 discovery ends at different points depending on the type of case:

• Family Code cases, including a SAPCR: the discovery period begins when the suit is filed and continues until 30 days before the date set for trial.
• All other cases: the earlier of 30 days before trial, or nine months after the first oral deposition or the due date of the first response to written discovery.

The nine-month rule does not govern a SAPCR. The practical consequence is significant: because your discovery period runs backward from the trial date rather than forward from a fixed event, the trial setting controls your entire discovery calendar. If the trial date moves, your deadline moves with it, and if no trial date has been set, the outer boundary of your discovery period is undefined. Get a trial setting early if you need discovery.

New Trial Deadline (TRCP Rule 329b)

A motion for new trial must be filed within 30 days after the judgment is signed. The court has 75 days after signing the judgment to rule on the motion. If the court does not rule within 75 days, the motion is denied by operation of law.

Appeal Deadline

A notice of appeal must be filed within 30 days after the judgment is signed, or within 90 days if a timely motion for new trial, motion to modify the judgment, or motion to reinstate was filed.

Factors That Affect Your SAPCR Timeline in Texas

• Court docket congestion: Urban counties with high caseloads (Harris, Dallas, Bexar) may have longer wait times for hearings and trial settings.
• Complexity of issues: Cases involving allegations of abuse, substance use, or requests for sole managing conservatorship take longer due to evaluations and expert testimony.
• Party cooperation: Cases where both parties negotiate in good faith resolve faster. Cases with high conflict or non-compliance with court orders take longer.
• Attorney availability: Scheduling hearings around attorney calendars can add weeks to each phase.
• Custody evaluations: If the court orders a custody evaluation, the evaluator may need 60 to 120 days to complete the process.

After the Judgment: Plenary Power

Signing the final order does not immediately end the trial court's authority. The court retains plenary power for thirty days after signing, during which it can modify, correct or vacate the judgment on its own or on motion. Filing a timely motion for new trial or a motion to modify extends that power — up to a maximum of 105 days after signing.

Once plenary power expires, the trial court can no longer set the judgment aside except through a bill of review under Rule 329b(f). That is a separate lawsuit with a much heavier burden, which is why the thirty-day window matters far more than its length suggests.

SAPCR Timeline at a Glance

Frequently Asked Questions

How long does a SAPCR take in Texas?

An uncontested SAPCR commonly finalizes in three to six months, and sometimes in sixty to ninety days. A contested case typically runs nine to eighteen months. A custody evaluation, an amicus appointment, a jury demand, or an interstate jurisdiction dispute can each add months.

What is the discovery deadline in a Texas custody case?

For Family Code cases, discovery closes 30 days before the trial setting under Rule 190.3(b)(1). The nine-month Level 2 rule that applies to other civil cases does not apply to a SAPCR.

Can I get a jury in a Texas custody case?

Yes, on limited questions. A jury may decide sole versus joint managing conservatorship and who designates the child's primary residence. It may not decide possession schedules, child support, or the specific rights and duties between conservators. Demand it at least 30 days before trial.

How fast can a default judgment be entered?

Potentially soon after the answer deadline passes, subject to Rule 107(h), which bars default until proof of service has been on file for ten days. In practice, court scheduling usually makes it longer.

Can I speed up my case?

Somewhat. Request a trial setting early, since it anchors the discovery calendar. Serve promptly and correctly. Complete mediation rather than waiting to be ordered. Respond to discovery on time, because disputes are a leading cause of delay.

Standard Possession Order Implementation

Once a final order is signed, the Standard Possession Order (SPO) takes effect immediately unless the order specifies otherwise. The SPO governs the ongoing schedule for the noncustodial parent's possession periods, including weekends, holidays, and summer. Both parents should review the order carefully and begin following the schedule from the date of signing.