Suit Affecting The Parent-Child Relationship (SAPCR)

What is a Suit Affecting the Parent-Child Relationship?

A Suit Affecting the Parent-Child Relationship, or SAPCR, is a court case in which someone requests court orders generally regarding three issues:

• Conservatorship: who has specific rights and duties as a parent or caregiver;
• Access and visitation: who gets to have access to the child and how often they get to visit with them;
• Child support: who is required to make payments for the child’s financial support.^[23]

Original Suit

An original SAPCR involves a child that has not been the subject of an existing court case or order involving custody, visitation, or child support. If the child has been or is a part of a suit involving these issues, an original suit cannot be filed.

Modification Suit

A modification to a SAPCR order is the filing of a request to change an existing order that involves custody of a child, access and visitation, or child support. If the child has been or is involved in a court case addressing these issues, a modification suit needs to be filed.

When can a nonparent file this kind of suit?

There are multiple ways a nonparent can have standing, or the ability to file this kind of court case.^[24] One way a nonparent can file an original SAPCR or a modification is if they have actual possession and care for the child for at least 6 months, as long as possession hasn’t ended for more than 90 days before the case is filed and they are not a foster parent.^[25] For a modification suit, a nonparent can also file if they are listed as a party on the current SAPCR order.

Certain types of family relationships, such as grandparents, have additional ways to have standing to file an original or modification suit.

What does a SAPCR involve?

Filing a SAPCR petition, original or for modification, can create different scenarios. If the minor’s parents and the nonparents agree about custody, visitation, child support, and medical/dental support, or if the parents are absent and it is known they will not challenge a SAPCR, this is an uncontested case. Though it will take time and steps to have an order entered through the court, this is a much simpler process than if the SAPCR is challenged. If the minor’s parents are not in agreement and are present, this would be a contested case, which will likely lead to a full trial process for the nonparent to gain custody of the minor. If a SAPCR order had already been entered, any future requests involving the child must be made in the same court that entered the final SAPCR order.

What is the effect of a SAPCR order?

This fully depends on what is being asked of the court. Some SAPCRs establish joint conservatorship for adult caregivers (including parents) regarding the minor, while others establish a sole managing conservator with visitation for the other interested parties. The effect of a SAPCR depends on the facts in each case, but will ultimately include orders appointing conservators, stating who is entitled to visit with the child, and determining whether and how much child support will be paid and by whom.

[23] Tex. Fam. Code § 101.032 [24] Tex. Fam. Code § 102.003 [25] Tex. Fam. Code § 102.003(a)(9)