Yes. The other parent is entitled to proper legal notice. If your child lives with a grandparent or other nonparent, that person must also be given proper legal notice.
A Suit Affecting the Parent-Child Relationship (SAPCR), pronounced “Sap-sir,” is a legal proceeding in family court aimed at obtaining court orders concerning child custody, child support, and potentially terminating parental rights. These suits may also involve the rights of grandparents and other significant non-parental figures in the child’s life. SAPCRs are crucial for defining, establishing, and protecting the legal rights and responsibilities of both parents and children, particularly when no prior court orders exist. This legal action is common among unmarried co-parents and separated spouses who need to formalize their parenting arrangements legally.
This article provides answers to frequently asked questions about custody suits, also known as SAPCR cases.
SAPCRs are prevalent in Texas family law courts, especially when parents have never been married and need to resolve legal issues concerning their children. SAPCRs are essential for establishing and protecting the legal rights and responsibilities of parents and children when no existing court order is in place.
In these cases, it is ideal if both parties can reach an agreement independently. The attorneys at Graham Family Law can assist you in this process. It requires compromise and open communication. However, we understand it is not always straightforward. In such cases, we will do everything possible to represent your best interests and those of your child. A judge will make the final decision, and we can build the strongest case for you.
In Texas, child custody is termed “conservatorship.” There are two types: Joint managing conservatorship, where both parents share time, decisions, and responsibilities; and sole managing conservatorship, where only one parent is in charge. The courts consider several factors to determine fairness, including the relationship between each parent and the child and the child’s school location. These factors are also considered when deciding on a visitation schedule. Having the right attorney by your side throughout your case is crucial.
As we guide San Antonio families through determining the optimal custody arrangement that serves the children’s best interests, we frequently encounter a range of questions, from basic inquiries to more complex concerns.
To obtain a court order for child custody in Texas, you must initiate a legal proceeding by filing a lawsuit either as part of a divorce case or through a dedicated Suit Affecting the Parent-Child Relationship (SAPCR). This process involves preparing and submitting the necessary legal documents to the district court in the county where the child resides.
You should file a SAPCR case in the Texas county where the child resides. Typically, you file in district court, although some Texas counties have “statutory family courts” and “county courts at law” which might be the appropriate venue. If unsure, consult a lawyer who practices in that county.
When filing a court case, you generally need to pay a filing fee. If you need to serve the other parent, you must also pay an issuance fee and a service fee. These fees differ by county. Contact the district clerk’s office in the county where you intend to file your case to find out the fees.
If you cannot afford the fees, you can request a judge to waive them.
Yes. The other parent is entitled to proper legal notice. If your child lives with a grandparent or other nonparent, that person must also be given proper legal notice.
SAPCR cases are often time-sensitive. It is important to contact an experienced attorney as soon as possible.
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