When unmarried couples separate and need to formalize child custody, child support, and medical orders in Texas, an original Suit Affecting a Parent-Child Relationship (SAPCR) is required. A SAPCR can also be used to modify existing orders due to a change in circumstance. Continue reading to discover more about filing a SAPCR, how a SAPCR differs from a paternity case, and how to modify an existing SAPCR.
What is an SAPCR?
A SAPCR is a document that sets out the terms of each child’s care, including:
- Custody
- Visitation
- Medical and Dental Insurance
- Psychiatric Care
- Education
- Child-Support and Day-Care Expenses
- Name Change
- Geographic Restrictions
- Electronic Communication
- Extracurricular Activities
- Passports and Travel
- Tax Credits
- Rights and Duties
Once signed by both parents or conservators and a judge, it becomes a court order and is enforceable.
There are two approaches to a SAPCR: uncontested and contested.
Uncontested SAPCR
An uncontested SAPCR occurs if both parents or conservators agree to the terms of the SAPCR without the need for a legal battle. Despite the more amiable nature of an uncontested SAPCR, it’s advisable to work with a lawyer to prepare the legal documents and attend the final orders hearing on your behalf if needed.
Contested SAPCR
If you and the other parent or conservator can’t agree on the terms of the SAPCR, you will need to file a contested SAPCR. In a Contested SAPCR, you will almost certainly be involved with litigation requiring you to turn up to mediation and/or court for a wide variety of hearings depending on your circumstance. As such, it’s highly recommended to hire an experienced lawyer.
How to File a SAPCR in Texas
A few conditions must be met to file a SAPCR in Texas. The child must have lived in Texas for at least the last 6 months (or since birth), or the child’s home state is Texas and they have been gone less than six months. If one of these conditions is met, you must file your SAPCR case in the Texas county, where the child lives or lived. See Texas Family Code 152.201 for additional details.
Contact us today for additional information on filing or requirement.
Who Can File for a SAPCR in Texas?
A SAPCR generally involves the child’s birth parents, but other parties who have a vested interest in each child’s well-being can also file for a SAPCR. Examples include, but are not limited to the following:
- The child’s legal guardian
- The child’s foster parent
- Grandparents who meet certain requirements
- Department of Family and Protective Services, or other authorized government entities
- A man claiming to be the father
- Another individual with visitation rights
What is the Difference Between a SAPCR Case and a Paternity Case?
In a SAPCR case, a judge makes a finding as to the custody, visitation, child support, and medical support order for each child.
In a paternity case, a judge can sign an order establishing the paternity (name the legal father) of each child.
Should You File a SAPCR or a Paternity Case?
If you and the other parent or conservator have not signed an Acknowledgment of Paternity, a birth certificate, or taken a court-admissible paternity DNA test, a paternity case is usually the correct route.
If you and the other parent or conservator have signed an Acknowledgement of Paternity, a birth certificate, or have established paternity through a court-admissible paternity DNA test, the child’s legal father will already be established, so you should file a SAPCR.
Filing a SAPCR When You Can’t Find the Child’s Other Parent
If you can’t find the child’s other parent, you will be required to serve him or her personally by a private processer or the court may appoint an ad litem (a third party), to search for the other parent and appear before the court to report any findings of his or her whereabouts and actions taken to give the missing parent notice of the lawsuit.
Similar to a Default (No Answer) Divorce, you can file for a Default SAPCR if you can’t locate the child’s other parent despite taking the aforementioned measures, or you don’t think he or she will willingly participate in a court case.
Is Child Support Required in a SAPCR Case in Texas?
In the state of Texas, no one is required to pay child support by default. However, the courts will look to ensure that, absent of agreement, the best interests of each child are served by having one party pay child support in an amount equal to the Texas child support guidelines.
It is possible to agree not to pay child support, especially when the parties share each child for an equal amount of time, costs of travel or daycare are a factor, or due to the age and needs of a particular child.
You can use the child support calculator on the Attorney General’s website to estimate how much you or the other parent are expected to pay under the guidelines.
In addition, at least one party will be required to pay for each child’s medical and dental insurance or enroll in a government health program if eligible (Medicaid, STAR). All uninsured expenses can be shared equally or according to a different percentage when one parent makes substantially more or less than the other parent.
Can You Modify a SAPCR in Texas?
A SAPCR isn’t necessarily set in stone. In certain cases, circumstances change and a SAPCR needs to be modified for the best interest of each child. If you are divorced and need to make changes to existing arrangements, you will need to file a Suit to Modify a SAPCR. Contact us today to speak to a family lawyer to learn more about filing a Suit to Modify a SAPCR.
Do You Need a Lawyer to File or Respond to a SAPCR Case in Texas?
While it’s not a requirement, it’s extremely advisable to hire a lawyer due to the often-complicated nature of SAPCR cases. A lawyer will help to protect your rights as a parent and explain all options at your disposal. If any of the following pertain to your situation, we recommend scheduling a consultation with us immediately:
- You believe your child’s safety is at risk
- Your SAPCR case is contested
- The other parent or conservator has a lawyer
- Your child has a disability
- Your child is being withheld from you
Schedule a consultation with Carrington Smyth PLLC today to get the expertise and experience you need if you’re considering a SAPCR.