Austin SAPCR Lawyer: Suits Affecting the Parent-Child Relationship in Travis County

A SAPCR, short for suit affecting the parent-child relationship, is the case Texas uses to decide who the legal parents are, who makes decisions for a child, when each parent has the child and who pays support. Parents who were never married file one to get a first set of orders. Divorcing parents have one built into the divorce. Grandparents, relatives and caregivers use one to gain legal authority over a child, and parents use one to change or enforce an order they already have. The Family Code defines the case as a suit in which a conservator is appointed, access to or support of a child is requested, or the parent-child relationship is established or ended (Section 101.032).

If you are looking for an Austin child custody lawyer, this page explains who can file a SAPCR, how a court establishes legal parentage, which court can hear the case, how conservatorship and support are decided and what a Travis County case looks like from petition to final order. It is written for parents starting a case, parents who have just been served and people who are not parents but care for a child.

What a SAPCR Can Decide

• Parentage. Whether a man is the legal father, through a presumption, a signed acknowledgment or a court judgment (Chapter 160).
• Conservatorship. Who holds the rights and duties of a parent, who decides about school and medical care and who chooses where the child lives. Our page on custody rights and duties defines the terms.
• Possession and access. The schedule that tells each parent when the child is with them, including holidays and summers.
• Child support and medical support. The monthly amount, health insurance and how uninsured costs are shared.

The child’s best interest is the court’s primary consideration in every one of these decisions (Section 153.002). A SAPCR does not divide property or end a marriage, which is why parents who were never married, and parents whose divorce is already final, file one by itself.

When Austin Parents and Caregivers File a SAPCR

• Parents who were never married. Without a court order, no judge has set conservatorship, a schedule or support. Informal arrangements can end the day one parent changes the plan, and there is nothing to enforce.
• Parents who live apart but are still married. A parent can ask for child orders without filing for divorce.
• Divorcing parents. The child issues are decided in the divorce, using the same standards. See divorce with children in Austin.
• Parents with an order that no longer works. A suit to change the order is itself a SAPCR. See the section on changes below.
• Relatives and caregivers. A person who has been raising a child may need an order to enroll the child in school or consent to medical care.
• Emergencies. A child in immediate danger may need temporary orders right away. See emergency custody orders.

Parentage Comes First for Unmarried Fathers

Custody and support orders presuppose a legal parent. For a mother, birth establishes the relationship. For a father, Texas offers several routes, and which one applies decides what he needs to do next.

• The marital presumption. A man is presumed to be the father if he was married to the mother when the child was born, or the child was born before the 301st day after the marriage ended. A man who lived in the child’s household for the first two years of the child’s life and told others the child was his is also presumed to be the father (Section 160.204).
• Acknowledgment of paternity. The mother and a man claiming to be the father can sign a form under penalty of perjury (Sections 160.301 and 160.302). Once it is filed with the vital statistics unit, a valid acknowledgment is the equivalent of an adjudication of paternity and gives the father all the rights and duties of a parent (Section 160.305). It takes effect on the date of the birth or the filing, whichever is later (Section 160.304).
• Taking the acknowledgment back. A signer may rescind it until the earlier of the 60th day after it takes effect or the start of a court proceeding about the child, including a support case (Section 160.307). After that, it can be challenged only for fraud, duress or material mistake of fact, the challenger carries the burden of proof and no challenge can be brought once an order affecting the child has been issued (Section 160.308).
• A court judgment. A parentage suit can be brought by the child, the mother, a man whose paternity is to be decided, a government agency, an authorized adoption or child-placing agency and certain others (Section 160.602). When the child already has a presumed father, the suit generally must be filed by the child’s fourth birthday, with two exceptions the judge decides (Section 160.607).
• Genetic testing. A man is rebuttably identified as the father when testing shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1. He can rebut it only with other testing that excludes him or points to another man (Section 160.505).

A signed acknowledgment gives a father the legal status of a parent, but it does not by itself set a possession schedule or a support amount. Those need a court order, so the form is often where a SAPCR begins, not where it ends. Our pages on parentage and paternity actions and fathers’ rights in custody cases go through the steps, and the article on custody for unmarried fathers covers common questions.

Who Can File, and What a Nonparent Must Show

Standing is the legal right to bring the case. Section 102.003 lists who has it, and the list is longer than most people expect.

• Parents, guardians and the child. A parent or guardian can file, and so can the child through a representative the court authorizes.
• Caregivers. Someone who has had actual care, control and possession of the child for six months or more can sue, but only if that stretch ended within 90 days of filing. Foster parents and relatives with whom the Department of Family and Protective Services placed a child for at least 12 months must meet the same 90-day deadline.
• Relatives after a death. A relative within the fourth degree of consanguinity can file if both parents are deceased.
• Others named in the statute. This includes a person named in an affidavit of relinquishment or given written consent to adopt, an intended parent under a valid gestational agreement and a governmental entity or licensed child-placing agency.

A nonparent who sues a parent has two added burdens. The first pleading must come with an affidavit saying that denying relief would significantly impair the child’s physical health or emotional development, and a thin affidavit leads to denial of relief or dismissal (Section 102.0031). On the merits, Texas presumes that a parent acts in the child’s best interest, and only clear and convincing evidence overcomes that presumption (Section 153.002).

The route for grandparents is narrower still. Section 102.004 lets a grandparent, or another relative within the fourth degree, request appointment as managing conservator in two situations: the court has satisfactory proof that the child’s current circumstances would significantly impair the child’s health or emotional development, or a parent or the managing conservator is the one who filed or consented. An original suit seeking only possessory conservatorship is not available to a grandparent. See grandparents’ rights in Austin.

Where the Case Is Filed: Texas First, Then the County

• Which state. Texas can make an initial custody decision when it is the child’s home state, meaning the child lived here with a parent or person acting as a parent for the six consecutive months before filing (Sections 152.102 and 152.201). If no state qualifies, or the home state declines, Texas can act when the child and a parent have a significant connection here and substantial evidence about the child is here. The child’s physical presence alone is neither necessary nor enough.
• A case already open elsewhere. When a court in another state has already started a custody case on a valid jurisdictional basis, the Texas judge generally pauses the Texas suit, communicates with that court and dismisses unless it finds Texas to be the better forum (Section 152.206).
• Sworn address history. The first pleading must state where the child has lived and with whom, and must disclose other custody cases involving the child (Section 152.209). Gathering those addresses early saves time.
• Emergencies. A Texas court can enter temporary orders when the child is present here and has been abandoned, or when an emergency requires protection from mistreatment or abuse (Section 152.204).
• Which county. An original SAPCR is filed in the county where the child lives, unless another court already holds continuing, exclusive jurisdiction or a divorce of the parents is pending elsewhere (Section 103.001). A case filed in the wrong county can be transferred (Section 103.002).

The county follows the child’s address, not the parent’s workplace. Most of Round Rock lies in Williamson County, although a small part of the city is in Travis County, so we start from the street address. A child who lives in Kyle lives in Hays County. If you are unsure, tell us the address before anything is filed.

How the Court Decides Conservatorship and Possession

• The starting point. When both parents are before the court, Texas begins with a presumption that naming them joint managing conservators serves the child. It does not apply when there is credible evidence of a history or pattern of child neglect or of physical or sexual abuse by one parent toward the other parent, a spouse or a child (Sections 153.131 and 153.004). See shared or joint custody.
• Joint does not mean equal. One parent is generally given the exclusive right to decide the child’s primary residence, and the order can restrict that choice to a geographic area (Section 153.134). Joint managing conservators are not entitled to equal time (Section 153.135).
• The schedule. Texas treats the standard possession order as a reasonable minimum (Sections 153.251 through 153.253). When it does not fit the family, the judge departs from it only as far as the facts require. See the standard possession order.
• The child’s voice. A child aged 12 or older can tell the judge in chambers who the child wants to decide the primary residence, and the answer is not binding (Section 153.009). See the age a child can choose.
• Help for the court. In a case where a child’s best interests are at issue, the court may appoint an amicus attorney, an attorney ad litem or a guardian ad litem, but only if it finds the appointment necessary and after weighing the parties’ ability to pay (Section 107.021). In a contested case, the court may order a child custody evaluation after notice and a hearing or by agreement (Section 107.103).

The article on the best interest standard in Austin explains how the factors are weighed.

Child Support in a SAPCR

• The guidelines. For a paying parent whose monthly net resources are within the published ceiling, the court presumptively applies 20 percent of net resources for one child, 25 percent for two, 30 percent for three, 35 percent for four and 40 percent for five. If net resources are under $1,000 a month, a lower schedule of 15 to 35 percent applies (Section 154.125). The ceiling is adjusted every six years.
• Back support. The guidelines guide the court on retroactive support. A limit of four years of support before the date the petition was filed is presumed reasonable, and the presumption can be rebutted by evidence that the paying parent knew or should have known he was the father and tried to avoid a support obligation. A request for retroactive support can be filed up to the fourth anniversary of the child’s 18th birthday (Section 154.131).
• How long it lasts. Support generally runs until the child turns 18 or graduates from high school, whichever is later, with different rules for a child with a disability (Section 154.001).
• Paying and receiving. A parent who is paying or expects to receive support should understand the formula before settling. Our child support lawyer in Austin page covers orders, calculating child support walks through the steps, and the Texas child support calculator gives an estimate. The article on how child support is calculated explains deviations.

A SAPCR in Travis County, Step by Step

• Petition and service. The petition must identify the court with continuing jurisdiction, if any, the child, the parents, any alleged father and what the petitioner asks for (Section 102.008). Citation must be served on each parent whose rights have not been terminated, an alleged father, existing conservators and certain others (Section 102.009).
• The standing order. Travis County has a standing order for family law cases. We check whether it applies to your filing and read it with you, because it limits what both parents can do while the case is pending.
• Temporary orders. The court may enter temporary orders on conservatorship, support, restraints on disturbing the peace of the child or a party and a limit on removing the child from an area (Section 105.001). A temporary order cannot be appealed before the final judgment.
• Parent education. The court may order a parent education course of four to twelve hours and cannot charge a party more than $100 for it (Section 105.009).
• Mediation. A judge may send the case to mediation (Section 153.0071). If the parties and any attorney present sign an agreement stating prominently that it cannot be revoked, it is binding. See divorce mediation in Austin.
• Trial. Contested facts are decided by a preponderance of the evidence (Section 105.005). A jury may decide only who is appointed conservator, who has the exclusive right to decide the primary residence and whether that choice has a geographic limit. The judge alone sets support and the terms of possession (Section 105.002).
• The final order. Each party’s contact details go in the order, along with the statutory warnings on contempt, late payments and the duty to report changes of address or employment (Section 105.006).

Our article on SAPCRs in Travis County gives a shorter overview.

After the Final Order: Changing and Enforcing It

• Where later suits go. The court that issued the order generally keeps continuing, exclusive jurisdiction, so changes and enforcement are filed there (Sections 155.001, 155.002 and 157.001). That can end if the child and both parents leave Texas (Section 152.202).
• Changing custody terms. The change must serve the child’s best interest, and the party asking must also show a material and substantial change in circumstances, a child aged 12 or older who has told the judge who should decide the primary residence, or the primary-residence parent giving up primary care for at least six months (Section 156.101). A suit to change the primary residence within one year of the order needs a supporting affidavit (Section 156.102). See modifying a Travis County custody order and parental relocation in Austin.
• Changing support. A support order can be modified after a material and substantial change. It can also be modified once three years have passed if the current guideline amount is 20 percent or $100 different from the ordered amount (Section 156.401). See modifying child support.
• Enforcement. A motion for enforcement can ask the court to enforce any provision of a temporary or final order, and the court may enforce by contempt (Section 157.001). The motion must identify the provision violated and the manner of noncompliance, and a possession complaint must list the date and place of each occasion (Section 157.002). See enforcing a custody or support order.

Our Austin divorce modification attorney page covers these suits, and material and substantial change gives examples.

What This Means for Your Travis County Case

1. Decide whether parentage is settled. If a father’s name is not on a birth record or an acknowledgment has not been signed, parentage is the first issue.
2. List each address where the child has lived over the past five years and the adults who lived at each.
3. Collect any orders from any state, any acknowledgment of paternity and any papers you were served with, and note the date you received them.
4. Gather income records for both parents and the cost of the child’s health insurance, child care and school expenses.
5. Keep a short calendar of who has cared for the child, and save messages that show it. Skip commentary about the other parent.
6. Do not move the child, change schools or withhold the child from the other parent without an agreement or an order.
7. Decide early whether you want to settle, and tell us about any safety concern before mediation is scheduled.

More About SAPCR Cases in Austin

These guides answer related questions.

• co-parenting tips for Austin parents: day-to-day practice once orders are in place.
• Austin guardianship lawyer: when a guardianship, not a custody order, fits the facts.
• child support termination: when the duty to pay ends.

Why Austin Clients Choose Barton & Associates for SAPCR Cases

Barton & Associates has tried Texas cases since 2001. The firm’s family law attorneys include Duane Graeff, our managing attorney, who has practiced for more than 26 years, and Désirée Flye, a trial attorney on the family law team. Parents often come to us after a hard conversation, a missed visit or a stack of court papers. We explain which filing fits, what the statutes require and what each choice risks, before anything is signed or filed.

We cannot promise a result. What we can do is tell you what the statutes require, what we recommend and what each choice risks. The first consultation is free and confidential. Our Austin office is at 316 W. 12th Street, Suite 400, Austin, Texas 78701, and we meet with clients there by appointment. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The child’s name, birth date and birth certificate, if you have it
• Any signed acknowledgment of paternity and any court orders from any state
• Papers you were served with and the date you received them
• Each address where the child has lived over the past five years, with the adults at each
• Your recent pay stubs and last year’s tax return
• The monthly cost of the child’s health insurance, child care and school expenses
• The names of the child’s school, doctors and caregivers, and a description of the current schedule
• A calendar of your key dates and deadlines

Frequently Asked Questions About SAPCR Cases in Austin

What is the difference between a SAPCR and a custody case?

In Texas they are usually the same thing. “Custody” is an everyday word, and the Family Code uses conservatorship for decision-making rights and possession and access for the schedule. The case that decides them, along with support and sometimes parentage, is the suit affecting the parent-child relationship. If a divorce includes children, those issues are decided inside the divorce.

The father is not on the birth certificate. Where do we start?

Start with parentage. A mother’s relationship is established by the birth, but a father who was not married to her needs a presumption, a valid acknowledgment of paternity or a court judgment before the court can give him rights and duties (Family Code Section 160.201). Once parentage is settled, the same suit, or a follow-up one, can address conservatorship, possession and support.

Does signing an acknowledgment of paternity give a father custody?

It gives him the legal status of a parent, including all the rights and duties of a parent, once a valid form is filed (Section 160.305). It does not set a possession schedule or a support amount. Those need a court order. Until there is one, the practical arrangement depends on the parents, and nothing can be enforced.

Can a father take back an acknowledgment of paternity?

Only within narrow limits. A signer can rescind until the earlier of the 60th day after the acknowledgment takes effect or the start of a court proceeding about the child, including a support case (Section 160.307). Afterward, a challenge is limited to fraud, duress or material mistake of fact, and none can be brought once an order affecting the child has been issued (Section 160.308).

What does a 99 percent DNA result mean in a Texas paternity case?

A man is rebuttably identified as the father when testing complying with the statute shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1. He can rebut it only with other qualifying testing that excludes him or identifies another man (Section 160.505). It is strong evidence, but the court still enters the judgment.

Do I have any rights to see my child before there is a court order?

That depends on legal parentage. A mother, a presumed father and a father with a valid acknowledgment are all legal parents, but none of them has a court-ordered schedule until a judge signs one. A man who is only an alleged father generally must establish parentage first. In either case, the court can enter temporary orders while the suit is pending (Section 105.001), so waiting is usually the costlier choice.

Can child support be ordered for the time before the case was filed?

Sometimes. The guidelines guide the court on retroactive support. Limiting it to four years before the petition is presumed reasonable, and the court weighs the paying parent’s net resources, whether he knew about the child, hardship and support he actually provided (Section 154.131). A request can be filed up to the fourth anniversary of the child’s 18th birthday.

Can I file in Travis County if my child lives in another county?

Generally not. An original SAPCR is filed in the county where the child lives, unless another court already has continuing, exclusive jurisdiction or a divorce of the parents is pending elsewhere (Section 103.001). A child who lives in Williamson or Hays County lives there for venue purposes, even when a parent works in Austin. A wrongly filed case can be transferred, which costs time.

What does the court look at to decide where a child lives?

The child’s best interest controls (Section 153.002). The judge considers whether the child’s needs and development benefit from joint conservatorship, whether each parent can put the child first and support the other parent’s relationship with the child, how far apart the homes are and, for a child aged 12 or older, the child’s preference (Section 153.134). Evidence, not labels, drives the result.

Will the court appoint someone to speak for my child?

Possibly. The court may appoint an amicus attorney, an attorney ad litem or a guardian ad litem only if it finds the appointment necessary, after weighing the cost to the parties (Section 107.021). In a contested case it may also order a child custody evaluation, after notice and a hearing or by agreement (Section 107.103). Not every case has either one.

Do we still need a SAPCR if we agree on everything?

Usually yes, if you want to be able to enforce the agreement. Parents can sign an agreed parenting plan, and if the court finds it serves the child’s best interest, the court must issue an order in accordance with it (Section 153.007). Terms in the order are enforceable by the court, including by contempt, and an informal agreement is not.

What happens if the other parent ignores the order?

The parent who is following the order can file a motion for enforcement in the court that issued it, and the court may enforce any provision of a temporary or final order by contempt (Section 157.001). The motion must identify the part of the order violated and the manner of the violation, so records of missed exchanges and payments matter (Section 157.002).

What should I bring to the first meeting about a SAPCR?

Bring any court orders, any signed acknowledgment of paternity, the papers you were served with and the child’s birth certificate. Add a list of every address where the child has lived in the last five years, your income records, the cost of the child’s health insurance and a description of the current schedule. Call even if some of it is missing.

Talk With an Austin SAPCR Attorney About Your Case

A child’s schedule, residence and support are the hardest terms to change later. Speak with an Austin family law attorney at Barton & Associates before you sign an acknowledgment, agree to a plan or respond to a petition.

Call our Austin office at 512-THE-FIRM (843-3476) or complete the online Free Consultation form to schedule a confidential meeting about your case. Consultations at the office are by appointment only. The office is at 316 W. 12th Street, Suite 400, Austin, Texas 78701.

Main Category: Family Law Austin
Practice Area Category: Child Custody
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)