“Standing” means the legal right to file a court case. Usually, only a parent has standing to file an initial custody case.

If you are not the parent, you have standing to file an initial custody case only if:

• you have had actual care, control and possession of the child for at least six months ending not more than 90 days before the date you file your case and you are not a foster parent; or
• you have lived with the child and the child’s parent, guardian or conservator for at least six months ending not more than 90 days before the date you file the SAPCR, and the child’s parent, guardian or conservator has died; or
• you are the foster parent of a child placed by the Department of Family & Protective Services who has been in your home for at least a year ending not more than 90 days before the date you file the SAPCR; or
• you are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece, or nephew and: 
  • both parents are dead, or
  • both parents, the surviving parent or managing conservator agree that you can file the case, or 
  • the child’s present circumstances will significantly harm the child’s physical health or emotional development.

If you have standing, go to Step 2. If you aren’t sure, talk to a lawyer. 

File (turn in) your completed Petition and other starting forms with the court in the county where the child lives.

You need to find out if your county has standing orders [12]. If it does, you will need to attach a copy of the standing orders to your petition. 

• To file your forms online, go to E-File Texas [13] and follow the instructions.

• To file your forms in person, take your Petition and additional starting forms (and copies) to the district clerk’s office in the county where the child lives.

At the clerk’s office:

• Turn in your Petition and other starting forms (and copies).

• Tell the clerk you want to have one or more of the respondents named in your Petition served in person. This means a sheriff, constable or private process server will deliver the initial court papers to each respondent in person. (Remember: If a parent will agree to sign the necessary court forms, you do not need to have that parent served. Follow these instructions for that parent: Instructions & Forms for an Agreed SAPCR (filed by a nonparent) [2].) 
• Pay the filing fee and issuance fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fees).
• Ask the clerk if there is a local standing order that you need to follow or attach to your Petition.
• Ask the clerk if there are local rules or procedures you need to know about for your case.
• The clerk will write your “Cause Number” and “Court Number” at the top of the first page of your Petition. (Write these numbers at the top of any document you file in your case.)
• The clerk will “file-stamp” your copies with the date and time. The clerk will keep the original and return your copies.
• The clerk will print a form called a “citation” for each respondent you would like served. The citation tells the respondent that you have filed a SAPCR case. The citation also tells the respondent that unless he or she files an answer with the court you will be able to finish your case by default (without the respondent). The clerk will attach a copy of your Petition to the citation. The citation and Petition are the “initial court papers” that must be served on each respondent by a constable, sheriff, or private process server. Read Step 4 for instructions. 
   

Has the child ever received TANF or Medicaid?

• If NO, skip this step.
• If YES, you MUST send a file-stamped copy of your Petition to the Office of the Attorney General (OAG) Child Support Division (and be able to prove that you did so).
  • Send your Petition by Email: You can scan a file-stamped copy of your Petition and email it. Find the email address for the OAG child support office in the county where your case is filed here: Email Addresses for Child Support Offices [15]. Write the cause number and the county where you filed your case in the subject line of the email. Print a copy of your email. This is your proof. Bring it with you when you go to court to finish your case.
  • Send your Petition by Certified Mail Return Receipt Requested: Or, you can mail a copy of your Petition by certified mail return receipt requested. The post office has the forms for certified mail return receipt requested. Find the mailing address for the OAG child support office in the county where your case is filed here: Mailing Addresses for Child Support Offices [16]. The post office will give you a receipt when you mail the Petition. The OAG will sign the return receipt (often called the “green card”) and mail it back to you. This is your proof. Bring the receipt and the return receipt (green card) with you when you go to court to finish your case. 
     

Some counties require your documents to be reviewed by an attorney, while others do not. You should speak with the district clerk's office or court coordinator in your county about local requirements. Even if it's not required, it’s a good idea to have a family law lawyer review your completed forms. Family law lawyers specialize in cases involving families, such as custody cases. 

You can hire a family law lawyer just to review your forms. This is called [20]limited scope representation [20]. You can then finish your case yourself. You may also be able to talk with a lawyer for free at a legal clinic. If you need help finding a lawyer, you can:

• Use our Legal Help Finder [21] to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar [22] for free legal clinics in your area.
• Use Ask a Question [3] to chat online with a lawyer or law student.

Call the clerk’s office to find out if the parent or any other respondent who was served has filed an answer.

• If a parent or other respondent who was served filed an answer, you CANNOT finish your SAPCR case by default.
  • If the parent or other respondent will now agree to sign your completed Order in Suit Affecting the Parent-Child Relationship (Nonparent Custody Order) form, you can finish your case by agreement.
  • If the parent or other respondent will not agree to sign your completed Order in Suit Affecting the Parent-Child Relationship (Nonparent Custody Order) form, your case is contested. To finish a contested SAPCR case, you must set a contested final hearing. Read this article to learn more: How to Set a Contested Final Hearing (Family Law) [23]. Remember: It’s always best to have a lawyer if your case is contested.
• If NO respondent has filed an answer; you CAN finish your SAPCR case by default as long as all of the following are true.
  • each parent and respondent was successfully served by a constable, sheriff or private process server; 
  • a Return of Service form (stating when and where the parent or respondent was served) has been on file with the clerk’s office for at least 10 days (not counting the day it was filed or the day you go to court); 
  • the 20 + day waiting period for each parent and respondent to file an answer has passed; and 
  • each parent and respondent has not filed an answer and does not file an answer before you finish your SAPCR case. (Remember, each respondent can file an answer until the time you finish your SAPCR case, even if the 20 + day waiting period has already passed.)

If you CAN finish your SAPCR case by default, fill out these additional forms for each parent or other respondent who was served and defaulted. Make one copy of each form:

• Certificate of Last Known Mailing Address [24]
• Military Status Declaration [25] (If your case is filed in Harris County, fill out a Military Status Affidavit [26] instead. Sign it in front of a notary.) 

• Bring these papers with you to the courthouse on the day you plan to finish your case:
  • a file-stamped copy of your Petition in Suit Affecting the Parent-Child Relationship; and  
  • a file-stamped copy of the Return of Service form showing when and where each parent/respondent was served; and
  • a completed Order in Suit Affecting the Parent-Child Relationship (Nonparent Custody Order) (with the modified possession order attached) signed by you; and
  • a completed Income Withholding Order for Support if child support will be ordered; and
  • a completed Certificate of Last Known Mailing Address form for each parent/respondent who defaulted; and
  • a completed Military Status Declaration for each parent/respondent who defaulted.
  • a completed Information on Suit Affecting the Family Relationship [18] form
• When you get to the courthouse, go to the clerk’s office.
  • Ask the clerk if you need the court file or docket sheet (list of what has been filed in your case).
  • Ask the clerk to check one more time to see if either parent or other respondent (or the OAG) has filed an answer. If anyone has filed an answer, you will not be able to finish your case by default. Go back to Step 9.
  • File a Certificate of Last Known Mailing Address and the Military Status Declaration (or Military Status Affidavit) for each parent/respondent who defaulted. Ask the clerk to file stamp your copy of each form. Bring a file-stamped copy of each form with you to court.
• When you get to the courtroom, tell the clerk you are there and give the clerk your paperwork. Sit down until the judge calls your case.
• When the judge calls your case, walk to the front of the courtroom, and stand in front of the judge’s bench. The judge will have you raise your right hand and swear to tell the truth. Be prepared to quickly tell the judge: who you are, how you are related to the children, what orders you are asking the judge to make, and why those orders would be in the children’s best interest. It’s a good idea to write down everything you want to say so you can read it to the judge if you get nervous.
• The judge will listen to what you say and review your papers. If everything is in order the judge will sign your Order in Suit Affecting the Parent-Child Relationship (Nonparent Custody Order).