What is SAPCR? A Quick In-Depth Overview

A Suit Affecting the Parent-Child Relationship, or SAPCR, is the second most widely seen case in family law, number one being divorce. Recently I read an interesting report released by the CDC in the National Vital Statistics Reports (NVSS) showing that since the 1960s the United States have seen a drastic increase in out-of-wedlock births. If this trend continues, SAPCRs will inevitably overtake divorce as the most common type of family law case. 

What is a SAPCR?

In Texas, a SAPCR can be filed by a parent to request a court order regarding custody, visitation, child support, medical support, and/or dental support. 

Here are some of the things that a SAPCR can be used to request:

Custody: Custody refers to the legal right and responsibility to make decisions about a child's upbringing. There are two types of custody: physical custody and legal custody. Physical custody refers to the child's primary residence.

Legal custody refers to the right to make decisions about the child's education, medical care, and other important matters.

Visitation: Visitation refers to the right of a parent who does not have primary physical custody to spend time with the child. Visitation orders typically specify the amount of time that the non-custodial parent will have with the child, as well as the days and times that visitation will occur.

Child Support: Child support is financial assistance that one parent pays to the other parent to help support the child. The amount of child support is typically based on the income of both parents and the needs of the child.

Medical Support: Medical support is financial assistance that one parent pays to the other parent to help pay for the child's medical expenses. The amount of medical support is typically based on the income of both parents and the child's medical expenses.

Dental Support: Dental support is financial assistance that one parent pays to the other parent to help pay for the child's dental expenses. The amount of dental support is typically based on the income of both parents and the child's dental expenses.

In short, if there’s anything concerning the child and yourself and the other parent/guardian that needs to be settled or resolved with a court order, then you will need to file a SAPCR.

Who can file a SAPCR?

A SAPCR can be filed by a parent who is married to the other parent of the child, a parent who is not married to the other parent of the child, or a grandparent, stepparent, or other interested person. 

How do you file a SAPCR?

Filing a SAPCR (Suit Affecting the Parent-Child Relationship) can be a complex and emotional process. 

1. First, gather all necessary documentation such as birth certificates, marriage licenses, and any court orders related to custody or visitation. 
   
   
2. Next, complete the required forms and file them with the appropriate court. You will need to pay a filing fee and serve the other party with a copy of the paperwork. 
   
   
3. Once the other party has been served, they will have a certain amount of time to respond. 
4. If they do not respond, you may be able to proceed with the case uncontested. 
5. If they do respond, a hearing will be scheduled where both parties can present their case to the judge. 
   
   
6. It is important to keep in mind that the ultimate goal of a SAPCR is to establish a custody or visitation arrangement that is in the best interests of the child. This may involve negotiating with the other party or going to trial.
   
   

Things to Consider when filing a SAPCR

If you are considering filing a SAPCR, it is important to be aware of the following:

• The process of filing a SAPCR can be complex and time-consuming.
• A SAPCR can be expensive.
• A SAPCR is an extremely emotionally draining process.
• Timing—this is probably the most important thing to consider, when can you file a SAPCR?
• 2 years after the last final court order was filed (whether through a divorce or another SAPCR); or
• A significant change in circumstances has occurred to either parent or guardian or the child.
• You can only file a SAPCR in Texas if the child has lived in Texas for at least the last 6 months (or since birth) or Texas was the child’s home state, and the child has been gone less than 6 months.

If you have a family or child support case or would like legal advice, schedule a consultation with me today here or call at 469-465-2344! Law Office of Phan Nguyen has helped hundreds of parents your situation and would be honored to help you through these tough times as well.