SAPCR stands for “Suit Affecting the Parent-child Relationship.” It is a legal proceeding filed in family court to request orders regarding child custody, support, and termination of parental rights. These suits can also include the rights of grandparents, and other nonparents. SAPCRs are essential for establishing and protecting parents and children’s rights and responsibilities when no existing court orders are in place. This type of legal action is common among co-parents who were never married and separated spouses.

A SAPCR can be included as part of a divorce case, but they are often initiated independently. A SAPCR can only impact rights and obligations related to minor children. They cannot address any other issues like property division. There are different reasons for filing a SAPCR, most of which are related to the wellness of a minor child. A SAPCR is useful for setting schedules and providing a framework for two parents to make important decisions on behalf of their children.

Once the SAPCR is filed, the court will keep jurisdiction, which means they can make changes in the future if either side has reasonable grounds to seek modification.

The SAPCR Process

The SAPCR process begins when a petitioner files a petition with the court and serves it to the other party. The respondent has a limited time to respond. Temporary orders may be issued for urgent matters, and both parties can engage in the discovery process to gather evidence. Mediation often occurs before trial to resolve disputes amicably. If no agreement is reached, the case goes to trial, where a judge makes the final decision. 

Who Can File a SAPCR?

The parties in these cases are generally the parents of a child or the child themselves. There may also be other adults who play a role in this type of litigation. These parties can include foster parents, legal guardians, or other close family members if the parents are no longer living.

The following is a list of persons and entities allowed to file a SAPCR: 

• Any parent of the child 
• The child through a court authorized representative 
• A custodian of the child through an order in another state or country 
• A guardian of the child
• The Estate of the child 
• Governmental entities 
• Texas Department of Family and Protective Services (DFPS)
• Licensed child-placing agencies 
• A male individual who alleges he is the father of the minor child
• An individual who has exercised care, control and possession of the child for at least six months ending not more than ninety days prior to filing the SAPCR petition 
• An individual who is designated as the managing conservator in a revoked or unrevoked affidavit under the Texas Family Code or whose consent for adoption has been given in writing under the Texas Family Code. 
• An individual who has resided with the child, the child’s guardian, managing conservator, or parent for at least six months ending not more than ninety days prior to filing the SAPCR petition, if the child’s guardian, managing conservator, or parent is deceased at the time of filing the SAPCR petition 
• An individual who is the foster parent of the child placed by DFPS in individual’s home for at least twelve months ending not more than ninety days preceding the date of filing the SAPCR petition 
• An individual who is related to the child by a third degree consanguinity if the child’s parents are deceased at the time of filing the SAPCR petition 
• An individual who has been named in a written statement as the prospective adoptive parent by the child’s parent or pregnant woman of the child 
• An individual who is an intended parent of a child or unborn child under a gestational agreement. 

Jurisdictional Requirements

Courts need both subject matter jurisdiction and personal jurisdiction to hear a case. Subject matter jurisdiction refers to the type of case a court is allowed to hear, while personal jurisdiction refers to a court’s jurisdiction over the parties. As it relates to SAPCR, jurisdictional requirements vary depending on the controversy in the suit. 

In SAPCR cases involving custody, visitation or termination of parental rights, jurisdiction is determined by the requirements laid out in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Texas will have jurisdiction if:

• Texas is the “home-state” of the Child. The home-state is defined as the state where the child has lived with the parent, or person acting as the parent, for at least six months prior to filing suit. 
• If the child does not have a home-state, then jurisdiction is determined by the state with “significant connections”. This is determined by evidence showing child’s care, protection, training, and personal relationships. The child and at least one of the child’s parents (or person acting as parent) must have significant connections with the State by more than mere presence. 
• If a child does not have a home-state, and other state’s refuse to exercise jurisdiction then Texas may exercise default jurisdiction. 

Generally, for all other matters, such as child support, a Texas court will need personal jurisdiction over the respondent. In the context of a SAPCR, this can include the parent: 

• Conceiving the child in Texas
• Living in Texas with the child 
• Registered with the parental registry of Texas 

In some situations, a court may exercise what is called temporary emergency jurisdiction. 

A Texas court may have temporary emergency jurisdiction if: 

• The child is present in Texas;

and either:

• The child has been abandoned; 

or:

• The court must protect the child due to the child, child’s sibling, or parent, is being threatened with or subjected to mistreatment or abuse. 

Which Court do I File in? 

For the vast majority of SAPCR cases, the correct court to file in will be the county in which both parents, or only living parent lives. If the parents are separated, the correct county will be the  one in which either the managing conservator (MC) or joint primary managing conservator (JMPC) resides. If there is a court appointed guardian, then the SAPCR should be filed where they reside. If there is nonparent with possession of the child, then the SAPCR should be filed wherever they reside. If there is no parent, MC or JMPC, guardian, or nonparent acting as a parent, then the SAPCR should be filed in the county where the child is found. 

Continuing Exclusive Jurisdiction 

If there is final order in an earlier rendered SAPCR, a SAPCR is being filed with a divorce, or the SAPCR is being filed for emergency custody, then that court will have continuing exclusive jurisdiction (CEJ). If that is the case, any subsequent SAPCR must be filed there. 

Talk to Our Firm About Filing or Responding to a SAPCR 

Many of the same legal issues that come up during a divorce can also be addressed through a SAPCR. If you need to file an SAPCR or if you have been served one, the team at Barton & Associates Attorneys at Law, PLLC, can assist. Let us help you with this process from start to finish. Contact us today to learn more about your options.