I need a custody order. I am the child's parent (SAPCR).
Child Custody & Visitation
Overview
Guide Overview
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
This guide tells you how to ask for a custody, visitation, child support, medical support, and dental support order if:
- You and the other parent are not married (or don’t want a divorce),
- You and the other parent have signed an “Acknowledgment of Paternity,” and
- There are no existing court orders about your child.
Other Options:
Office of the Attorney General (OAG) — Although the OAG cannot represent you, the OAG may be able to help you get a custody, visitation, child support (including back child support), and medical and dental support order. For information about opening a case with the OAG, call (800) 252-8014 or go to its website: Texas Attorney General Child Support Division.
Common questions about Child Custody & Visitation
A SAPCR case asks a judge to make a custody, visitation, child support, medical support, and dental support order for your child.
A paternity case can ask a judge to make a custody, visitation, child support, medical support, and dental support order for a child AND establish paternity (name the legal father of your child).
TexasLawHelp has instructions for uncontested Suits Affecting the Parent-Child Relationship (SAPCRs). Your SAPCR is uncontested if it can be finished by agreement or by default.
- Your SAPCR can be finished by agreement if you and the other parent agree about all the issues (including custody, visitation and child support) and are both willing to sign the SAPCR forms.
- Your SAPCR can be finished by default (without the other parent) if the other parent is served and does not file an answer or otherwise appear in court.
Your SAPCR is contested if the other parent files an answer or waiver of service and will not sign the Order in Suit Affecting the Parent-Child Relationship. To finish a contested SAPCR, you must set your case for final hearing and give the other parent at least 45 days’ notice of the hearing. It’s important to talk with a lawyer if your case is contested.
Read this article to learn more: How to Set a Contested Final Hearing (Family Law).
If you and the other parent have signed an Acknowledgment of Paternity, you should usually file a SAPCR case. The legal father of your child is already named in the Acknowledgment of Paternity.
If you and the other parent have not signed an Acknowledgment of Paternity, you should usually file a paternity case. A paternity case will ask the judge to establish paternity (name the legal father of your child) AND make custody, visitation, child support and medical support orders.
Use this toolkit if you want to file a paternity case: I need a paternity order.
Use Ask a Question to chat online with a lawyer or law student, if you have questions.
An Acknowledgment of Paternity (AOP) is a legal form signed by a man and the child’s mother that states (under penalty of perjury) that the man is the child’s genetic father. An AOP is usually used when the parents aren’t married but agree on the identity of the child’s father.
When the completed AOP is filed with the Texas Vital Statistics Unit, the genetic father becomes the child’s legal father with all the rights and duties of a parent.
Exception: If the child’s mother is married to someone else when the child is born (or the child is born within 300 days of the date of divorce) then the husband (or ex-husband) is the child’s presumed father. You cannot use the AOP form to establish paternity unless the presumed father also signs a Denial of Paternity (DOP).
You will need a copy of the Acknowledgment of Paternity form for your SAPCR case. To get a copy, fill out an Acknowledgment of Paternity Inquiry Request form. Get the form here: Texas Vital Statistic Forms. Instructions are included on the form. You can also contact the Vital Statistics Unit at (512) 776-7111.
You can file a SAPCR case 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.
See Texas Family Code Section 152.201.
There are a few exceptions to this rule. Talk with a lawyer if this is an issue.
If the other parent lives out-of-state, you can still file your SAPCR case 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.
However, the court must have personal jurisdiction over the other parent to make orders that impose a personal obligation on the other parent — such as ordering the other parent to pay child support. The Original Petition in Suit Affecting the Parent-Child Relationship form includes a list of situations that give the court personal jurisdiction over an out-of-state parent. Check any that apply to your case. Talk to a lawyer if none apply or you have questions about personal jurisdiction.
You must file a SAPCR case in the Texas county where the child lives.
You do not have to have a lawyer to file or respond to a SAPCR case. However, SAPCR cases can be complicated and your rights as a parent may be at risk. It’s a good idea to talk with a family law lawyer about your particular situation. A family law lawyer can explain your rights and options.
It’s really important to talk with a family law lawyer if any of the following are true.
- You are afraid for your or your child’s safety.
- Your case is contested.
- The other parent has a lawyer.
- Your child has a disability.
If you need help finding a family law lawyer, you can:
- Use our Legal Help Directory to search for a lawyer referral service, legal aid office or self-help center in your area.
- Check our Legal Events and Clinics page for free legal clinics in your area.
- Use Ask a Question to chat online with a lawyer or law student.
Yes! You can hire a family law lawyer just to give you advice, review your forms, draft a document or help you prepare for a hearing. You may then be able to handle the other parts of your case yourself. Hiring a lawyer for a limited purpose is called “limited scope representation.”
Instructions & Forms
Instructions & Forms
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
These instructions explain the basic steps in an agreed “Suit Affecting the Parent-Child Relationship” (called a SAPCR for short) filed by a parent. Each step includes a link to forms or forms needed for that step.
A SAPCR is a type of court case used to ask for an initial custody, visitation, child support, medical support, and dental support order.
Use these instructions if:
- you and the other parent have signed an “Acknowledgment of Paternity” form; and
- you and the other parent are not married (or don’t want a divorce); and
- there are no court orders for custody and support of your children already in place (other than a family violence protective order); and
- the other parent will agree to sign the necessary court forms.
Do NOT use these instructions if:
- You are not the child’s parent. Use this guide instead: I need a SAPCR (custody) order. I am not the child’s parent.
- You and the other parent have not signed an Acknowledgment of Paternity. Use this guide instead: I need a paternity order. A paternity order identifies the child’s legal father and makes custody, visitation, child support and medical support orders.
- You are married to the child’s other parent and want a divorce. Use this guide instead: I need a divorce. We have minor children.
- There is already a court order for custody and support of the child (not including a family violence protective order). If there is already a court order about your child (such as an Attorney General Child Support Order), use this guide instead: I need to change a custody, visitation or support order.
- The case is, or is likely to be, contested. If you are not sure, read the "Is my SAPCR contested or uncontested?" FAQ in the Overview section of this guide.
To print out both the instructions and forms, click here.
Links to the forms are at the bottom of each page.
Note: If there is a family violence protective order, you CAN use this toolkit as long as you meet the other requirements. You must attach a copy of the protective order to your Petition. If you were the victim of family violence, please call the National Domestic Violence Hotline at 800-799-SAFE (7233) before filing a SAPCR case. You may qualify for free legal help.
Checklist Steps
Fill out this starting form:
- Petition in Suit Affecting the Parent-Child Relationship (called the Petition for short)
You will file the Petition with the court to start the case. The Petition tells the judge and the other parent what orders you want the judge to make. The Frequently Asked Questions and related Articles included with these instructions will help you understand your options.
Print your answers neatly in blue or black ink. Do not leave blanks.
Who is the petitioner? You are the petitioner—the person asking the court to make a custody and support order. You must fill out and sign the Petition. The other parent does not need to sign the Petition.
Who is the respondent? The other parent is the respondent. If your child lives with a grandparent or other non-parent, that person must also be listed as a respondent. It’s important to talk with a lawyer before filling out these forms if your child lives with a non-parent.
Note: The Petition asks for your address. The other parent will get a copy of your Petition. If you are concerned about the other parent knowing your address, call the Family Violence Legal Line at 800-374-4673 for free advice.
Fill out these additional starting forms if required for your case:
- Civil Case Information Sheet (NOTE: the Texas Supreme Court has repealed the rule requiring the civil case information sheet, so you may not need this form. If you are filing paper documents in person at the clerk's office, you should complete it and bring it anyway, however.).
- Exhibit: Out-of-State Party Declaration (required only if you or one of the respondents lives outside of Texas)
- Statement of Inability to Afford Payment of Court Costs (use only if you cannot afford to pay the filing fee for your case) Call the clerk’s office to learn the filing fee for your case. Learn more here: Court Fees and Fee Waivers.
Fill out these ending forms:
- Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order), and
- Standard Possession Order
You will ask the judge to sign this form when it’s time to finish your case. Fill it out completely (except for the judge’s signature, your signature and the other parent’s signature). You and the other parent may want to fill out the order form together. But don’t sign the order form until you get to Step 6.
Note: If the standard possession schedule works for your family, fill it out and attach it to the Parent Custody Order. If the standard possession order does not work for your family or would not be safe for your children, you may be able to use one of the sample possession orders included with this article: Child Visitation & Possession Orders. Or, you may hire a lawyer to write a possession order that meets the specific needs of your family.
Some Texas courts prefer that you submit a combined Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order), and Standard Possession Order. A .pdf that combines the two is here.
IMPORTANT: You must attach a copy of the Acknowledgment of Paternity form for each child to your Order in Suit Affecting the Parent-Child Relationship. The Acknowledgment of Paternity is the legal form signed by you and the other parent to identify the child’s biological father as the child’s legal father. Get a copy by filling out an Acknowledgment of Paternity Inquiry Request and sending it to the Acknowledgment of Paternity Registry of the Texas Vital Statistics Unit. Get the form here: Texas Department of State Health Services Forms. Instructions are on the form. You can also contact the Vital Statistics Unit at 512-776-7111.
Fill out this additional ending form if child support will be ordered:
Although it may not be required in your county, 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. Some counties require this document to be reviewed by an attorney, while others do not. Talk to the district clerk's office or court coordinator in your county about local requirements.
You can hire a family law lawyer just to review your forms. This is called “limited scope representation.” 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 Directory to search for a lawyer referral service, legal aid office or self-help center in your area.
- Check our Legal Events and Clinics page for free legal clinics in your area.
- Use Ask a Question to chat online with a lawyer or law student.
Make two copies of these completed starting forms:
- Petition in Suit Affecting the Parent-Child Relationship
- Exhibit: Out-of-State Party Declaration (only if you or one of the respondents lives outside of Texas)
- Statement of Inability to Afford Payment of Court Courts (only if you are asking the court to waive court costs)
File (turn in) your completed Petition and other starting forms with the court in the county where your child lives.
- To file your forms online, go to E-File Texas 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 your child lives.
At the clerk’s office:
- Turn in your Petition and other starting forms (and copies).
- Pay the filing fee (or file your completed Statement of Inability to Afford Payment of Court Costs if you cannot afford the fee).
- 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.
- WARNING! Effective January 1, 2021, once a party to a family law case (like a custody case) files an answer, both sides usually will be obligated to exchange certain information and documents within 30 days. Talk to a lawyer about exceptions to this rule. The form is here: Required Initial Disclosures in SAPCRs and Modifications. See Rule 11 Agreements for information (and forms) about one way to waive required disclosures by agreement. Talk to a lawyer. Otherwise, complete the Required Initial Disclosures form.
Has your 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. 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. 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.
Give the other parent:
- a file-stamped copy of your Petition in Suit Affecting the Parent-Child Relationship, and
- a blank Respondent’s Original Answer form OR a blank Waiver of Service Only form, and
- a completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) form with a completed possession order attached.
- Standard Possession Order (for suits filed before September 1, 2021)
- Standard Possession Order (for suits filed on or after September 1, 2021)
- Modified Possession Orders
WARNING! Do not hand-deliver any papers to the other parent if there has been violence during your relationship, especially if a judge has signed a Protective Order ordering you or the other parent to stay away. You can have the other parent served instead. If you decide to have the other parent served, use these instructions: Instructions & Forms for a Default SAPCR (filed by a parent) in the checklist directly below this one.
Ask the other parent to complete these 3 steps:
- Fill out and sign the Respondent’s Original Answer form - OR - the Waiver of Service Only form.
The other parent can fill out and sign either form.
The Respondent’s Original Answer form does not have to be signed in front of a notary.
The Waiver of Service Only form must be signed in front of a notary. If the other parent plans to sign the Waiver of Service Only form, tell the other parent to sign it in front of a notary at least one day after you filed the Petition. Otherwise the other parent will have to redo it.
- Sign the completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) form with a completed Possession Order attached. This form does not have to be signed in front of a notary.
The Order in Suit Affecting the Parent-Child Relationship form must be completely filled out when the other parent signs it. You CANNOT make changes to the order form after it has been signed by the other parent, unless the other parent initials each change.
- Return the signed forms to you.
- You should also: sign the Order in Suit Affecting the Parent-Child Relationship form, and make a copy of the Respondent’s Original Answer form or Waiver of Service Only form that was filled out and signed by the other parent.
- WARNING! Effective January 1, 2021, once a party to a family law case (like a custody modification case) files an answer, both sides usually will be obligated to exchange certain information and documents within 30 days. Talk to a lawyer about exceptions to this rule. The form is here: Required Initial Disclosures in SAPCRs and Modifications.
- As of January 1, 2021, once a party to a family law case (like a custody case) files an answer, both sides usually will be obligated to exchange certain information and documents within 30 days. Talk to a lawyer about exceptions to this rule. The form is here: Required Initial Disclosures in SAPCRs and Modifications. See Rule 11 Agreements for information (and forms) about one way to waive required disclosures by agreement. Talk to a lawyer. Otherwise, complete the Required Initial Disclosures form.
Call the clerk’s office to learn when and where the court hears uncontested cases.
If you sent a copy of your Petition to the Office of the Attorney General (because the child gets Medicaid or TANF now or got it in the past), ask the clerk if the Attorney General filed anything in your case.
- If no, you can finish your divorce without further notice to the Office of the Attorney General.
- If yes, talk with a lawyer about what to do next. You can use Ask a Question to chat with a lawyer online
Read the article Tips for the Courtroom for more information about going to court.
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
- the Answer or Waiver of Service Only form signed by other parent; and
- a completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) (with a possession order attached) signed by you and other parent; and
- a completed Income Withholding Order for Support if child support and/or medical support will be ordered.
When you get to the courthouse, go to the clerk’s office.
- File (turn in) the Respondent’s Original Answer or Waiver of Service Only form that was filled out and signed by the other parent. Ask the clerk to file stamp your copy. Bring your file-stamped copy with you to court.
- Ask the clerk if you need the court file or docket sheet (list of what has been filed in your case).
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 (Parent Custody Order).
Need to finish the case WITHOUT going to court?
If you need to finish the case without physically going to the courthouse, you may be able to use the Affidavit for Prove-Up of Agreed SAPCR.
Some judges allow the use of an affidavit to satisfy the prove-up requirements in an agreed case. If you’d like to see if the judge will accept an affidavit in place of short testimony you should contact the court coordinator. Some judges may not accept prove-up affidavits. Additionally, some judges will only accept prove-up affidavits for cases with no children, which would not be an option at all in a Suit Affecting the Parent-Child Relationship. If you determine that the judge will accept an affidavit, you can use this form: Affidavit for Prove-Up of Agreed SAPCR.
This form must be sworn in front of a notary. Everything in the affidavit must be true and correct. You can be charged with a crime for lying to the court. See Texas Penal Code 37.
After the judge signs your Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order), go back to the clerk’s office.
- File (turn in) the signed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge. Your case is NOT final until you do so.
- Get a certified copy of your Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge from the clerk while you are there. The clerk may charge a fee for the certified copies.
- File the Information on Suit Affecting the Family Relationship form with the district clerk's office.
- If child support was ordered:
- ask the clerk how to set up a child support account, and
- ask the clerk to send a copy of the Income Withholding Order for Support to the employer of the parent ordered to pay child support.
- Complete and submit the Record of Support Order to the clerk's office to set up the child support account.
Follow these steps after your case is finished.
- Send a file-stamped copy of the Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge to the other parent.
- If you were ordered to pay child support and/or cash medical support, learn about payment options here: Texas Attorney General - Child Support Payment Options. If you have any questions, call the Office of the Attorney General Child Support Division at 800-252-8014. DO NOT send child support payments directly to the other parent.
- If the other parent was ordered to pay child support and/or medical support to you but doesn’t pay, contact the Texas Attorney General Child Support Division for help enforcing your order.
Forms Required
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Petition in Suit Affecting the Parent-Child Relationship [SAPCR]
FM-SAPCR-100
Use to begin a lawsuit regarding custody, visitation, and child support. -
Exhibit: Out-of-State Party Declaration
FP-OSP-302
Do not file this form on its own. It is an exhibit. Use this form if anyone that is named as a party in your Texas custody case lives out of state.... -
Required Initial Disclosures - SAPCR or Modification
FM-SAPCR-Disc-101-Required Initial Disclosures
You may have to give your child’s other parent information and documents as part of your court case. Use this form. -
Information on Suit Affecting the Family Relationship (Excluding Adoptions)
VS-165
Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. -
Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
CB-CFFW-100
Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. -
Respondent's Original Answer [SAPCR]
FM-SAPCR-102
If you are served with a SAPCR, use to respond and participate in the case. -
Waiver of Service Only (Specific Waiver) [SAPCR]
FM-SAPCR-103
Use to waive your right to be served in a SAPCR case. -
Income Withholding for Support
FM-IW-200
Order instructing an employer to withhold child support from employee's pay. -
Fee Waiver (Statement of Inability to Afford Payment of Court Costs) - Guided Form
CB-CFFW-100-Guided
Guided version. Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. -
Out-of-State Party Declaration - Guided Form
FP-OSP-302 -Int
Guided version. Use this form if anyone that is named as a party in your Texas divorce lives out of state. -
Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) [SAPCR]
FM-SAPCR-200
Use to order custody when parents are the managing conservators, who decide where child/ren will live. -
Record of Support Order
Form 1828A (ROS/App)
This completed form must be submitted to the county’s clerk of the court to set up the child support account. -
Standard-Possession-Order
FM-CHIL-306-Standard-Possession-Order-TCLL
Add visitation terms into a divorce decree or custody order under the terms of the Texas Standard Possession Order. -
Low-Income Child Support Guidelines Handout
FM-CS-800
Tables explaining child support guidelines when the obligor has less than $1,000/month in net resources.
Warning: The information and forms in this guide are not a substitute for the advice and help of a lawyer.
These instructions explain the basic steps in a default Suit Affecting the Parent-Child Relationship (SAPCR for short) filed by a parent. Each step includes a link to the form or forms needed for that step. Click on the step to expand it with more information.
A SAPCR is a type of court case used to ask for a custody, visitation, child support, medical support, and dental support order.
“Default” means the other parent (or other respondent) is served with the initial court papers and does not file an answer with the court. If the other parent (or other respondent) is served and defaults, you can finish the case without them.
Use these instructions if:
- you and the other parent have signed an “Acknowledgment of Paternity” form;
- you and the other parent are not married (or don’t want a divorce);
- there are no court orders for custody and support of your children already in place (other than a family violence protective order); and
- you don’t think the other parent will participate in the case.
Do NOT use these instructions if:
- You are not the child’s parent. Use this guide instead: I need a SAPCR (custody) order. I am not the child’s parent.
- You and the other parent have not signed an “Acknowledgment of Paternity” form. Use this guide instead: I need a paternity order. A paternity order identifies the child’s legal father and makes custody, visitation, child support, medical support, and dental support orders.
- You are married to the child’s other parent and want a divorce. Use this guide instead: I need a divorce. We have minor children.
- There is already a court order for custody and support of the child (not including a family violence protective order). If there is already a court order about your child (such as an Attorney General Child Support Order), use this guide instead: I need to change a custody, visitation or support order.
- The case is, or is likely to be, contested. If you are not sure, read the section below:
- Is my SAPCR contested or uncontested?
-
TexasLawHelp has instructions for uncontested Suits Affecting the Parent-Child Relationship (SAPCRs). Your SAPCR is uncontested if it can be finished by agreement or by default.
- Your SAPCR can be finished by agreement if you and the other parent agree about all the issues (including custody, visitation and child support) and are both willing to sign the SAPCR forms.
- Your SAPCR can be finished by default (without the other parent) if the other parent is served and does not file an answer or otherwise appear in court.
-
Your SAPCR is contested if the other parent files an answer or waiver of service and will not sign the Order in Suit Affecting the Parent-Child Relationship. To finish a contested SAPCR, you must set your case for final hearing and give the other parent at least 45 days’ notice of the hearing. It’s important to talk with a lawyer if your case is contested.
Read this article to learn more: How to Set a Contested Final Hearing (Family Law).
-
- Is my SAPCR contested or uncontested?
Note: If there is a family violence protective order, you CAN use this toolkit as long as you meet the other requirements. You must attach a copy of the protective order to your Petition. If you were the victim of family violence, please call the National Domestic Violence Hotline at 800-799-SAFE (7233) before filing a SAPCR case. You may qualify for free legal help.
To print out both the instructions and forms, click here.
Checklist Steps
Fill out this starting form:
- Petition in Suit Affecting the Parent-Child Relationship (called the Petition for short)
You will file the Petition with the court to start the case. It tells the judge and the other parents what orders you want the judge to make. The Frequently Asked Questions and related Articles included with these instructions will help you understand your options.
When you fill out the Petition:
- Print your answers clearly in blue or black ink.
- Do not leave blanks (unless instructed to do so).
- Talk to a lawyer if you have questions or need help
Who is the petitioner? You are the petitioner—the person asking the court to make a custody order. You must fill out and sign the Petition. The other parent does not need to sign the Petition.
Who is the respondent? The other parent is the respondent. If your child lives with a grandparent or other non-parent, that person must also be listed as a respondent. Talk with a lawyer if your child lives with a non-parent.
Note: The Petition asks for your address. The other parent will get a copy of your Petition. If you are concerned about the other parent knowing your address, call the Family Violence Legal Line at 800-374-4673 for free advice.
Fill out these additional starting forms if required for your case:
- Civil Case Information Sheet (NOTE: the Texas Supreme Court has repealed the rule requiring the civil case information sheet, so you may not need this form. If you are filing paper documents in person at the clerk's office, you should complete it and bring it anyway, however.).
- Exhibit: Out-of-State Party Declaration (required only if you or one of the respondents lives outside of Texas)
- Statement of Inability to Afford Payment of Court Costs (use only if you cannot afford to pay the filing fee for your case) Call the clerk’s office to learn the filing fee for your case. Learn more here: Court Fees and Fee Waivers.
Make two copies of these completed starting forms:
- Petition in Suit Affecting the Parent-Child Relationship
- Exhibit: Out-of-State Party Declaration (only if you or one of the respondents lives outside of Texas)
- Statement of Inability to Afford Payment of Court Courts (only if you are asking the court to waive court costs)
File (turn in) your completed Petition and other starting forms with the court in the county where your child lives.
- To file your forms online, go to E-File Texas 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 your child lives.
At the clerk's office:
- Turn in your Petition and other starting forms (and copies).
- Tell the clerk you want to have the other parent served in person. This means a sheriff, constable or private process server will deliver the initial court papers to the other parent in person.
- 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.” The citation tells the other parent that you have filed a SAPCR case. The citation also tells the other parent that unless he or she files an answer with the court you will be able to finish your case by default (without the other parent). 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 the other parent/respondent. Read Step 3 for instructions.
It is your responsibility to have the other parent (and anyone else named as a respondent in your Petition) served with the initial court papers by a constable, sheriff or private process server. You cannot serve the initial court papers yourself.
To have the other parent served in person:
- send the initial court papers to a constable, sheriff or private process server in the county where the other parent lives or works;
- include the service fee (call first to learn the fee) or a file-stamped copy of your Statement of Inability to Afford Payment of Court Costs; and
- include a self-addressed and stamped envelope.
The constable, sheriff or private process server will:
- give the initial court papers to the other parent,
- complete a Return of Service form that says when and where the other parent was served; and
- send the completed Return of Service to you or the court.
The completed Return of Service is proof the other parent was served. The other parent will NOT have to sign anything.
If the Return of Service is sent to you, file it at the clerk’s office. The Return of Service must be on file for at least 10 days before you can finish your case, not counting the day it is filed or the day you go to court to finish your case.
Repeat these steps for anyone else named as a respondent in your Petition.
NOTE: If you have trouble getting the other parent (or other respondent) served, read this article: How to Serve the Initial Court Papers (Family Law). If you have questions, you can use Ask a Question to chat with a lawyer or law student online.
Has your 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. 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. 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.
- Send your Petition by Email
Fill out this ending form:
You will ask the judge to sign this form when it’s time to finish your case. Fill it out completely (except for the judge’s signature).
Note: If the standard possession schedule works for your family, fill it out and attach it to the Parent Custody Order. If it does not work for your family or would not be safe for your children, you may be able to use one of the sample possession orders included with this article: Child Visitation & Possession Orders. Or, you may hire a lawyer to write a possession order that meets the specific needs of your family.
- Standard Possession Order (for suits filed before September 1, 2021)
- Standard Possession Order (for suits filed on or after September 1, 2021)
IMPORTANT: You must attach a copy of the “Acknowledgment of Paternity” form for each child to your Parent Custody Order. The “Acknowledgment of Paternity” is the legal form signed by you and the other parent to identify the child’s biological father as the child’s legal father. Get a copy by filling out an Acknowledgment of Paternity Inquiry Request and sending it to the Acknowledgment of Paternity Registry of the Texas Vital Statistics Unit. Get the form here: Texas Department of State Health Services Forms. Instructions are on the form. You can also contact the Vital Statistics Unit at 512-776-7111.
Fill out this additional ending form if child support will be ordered:
- Income Withholding Order for Support
- Record of Support Order
Although it may not be required in your county, 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. Some counties require this document to be reviewed by an attorney, while others do not. Talk to the district clerk's office or court coordinator in your county about local requirements.
You can hire a family law lawyer just to review your forms. This is called limited scope representation. 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 Directory to search for a lawyer referral service, legal aid office or self-help center in your area.
- Check our Legal Events and Clinics page for free legal clinics in your area.
- Use Ask a Question to chat online with a lawyer or law student.
These waiting periods are required:
- 20 + day waiting period
From the day the other parent is served, the other parent must have at least 20 days plus the next Monday at 10 a.m. to file an answer. Find the day the other parent was served on a calendar, count out 20 more days, then go to the next Monday. The other parent must have until this date to file an answer. If the other parent does not file an answer by this date (and all other requirements have been met) you can finish your case by default without the other parent.
Note: The other parent can file an Answer up until the time you finish your SAPCR case, even if the 20 + day waiting period has already passed. - 10 + day waiting period
The constable, sheriff, or private process server should have completed a Return of Service form stating when the other parent was served. The Return of Service form must be on file with the court for at least 10 days before you can finish your case. Important: When counting the 10-day waiting period, do not count the day the Return of Service is filed with the court and do not count the day you go to court to finish your case.
Call the clerk’s office to find out if the other parent filed an answer.
- If the other parent filed an answer, you CANNOT finish your SAPCR case by default.
- If the other parent filed an answer and will now agree to sign your completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) form, you can finish your case by agreement. Use these instructions instead: Instructions & Forms for an Agreed SAPCR (filed by a parent) directly above this checklist.
- If the other parent filed an answer and will not agree to sign your completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) form, your case is contested. To finish a contested SAPCR case, you must set a contested final hearing. You must give the other parent at least 45 days’ notice of the final hearing. Read this article to learn more: How to Set a Contested Final Hearing (Family Law). Remember: It’s always best to have a lawyer if your case is contested.
- If the other parent did NOT filed an answer, you CAN finish your SAPCR case by default as long as:
- the other parent was successfully served by a constable, sheriff or private process server;
- a Return of Service form (stating when and where the other parent 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 the other parent to file an answer has passed;
- the other parent has not filed an answer and does not file an answer before you finish your SAPCR case; and
- if anyone else was named as a respondent in your Suit Affecting the Parent-Child Relationship:
- that respondent was also served and defaulted (did not file an answer with the court), or
- that respondent agrees to sign a Respondent’s Original Answer form or Waiver of Service Only (Specific Waiver) form and your completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order).
If you CAN finish your SAPCR case by default, fill out these additional forms:
- Certificate of Last Known Mailing Address
- Military Status Declaration (If your case is filed in Harris County, fill out a Military Status Affidavit instead. Sign it in front of a notary.)
Call the clerk’s office to learn when and where the court hears uncontested cases.
If you sent a copy of your Petition to the Office of the Attorney General (because your child gets Medicaid or TANF now or got it in the past), ask the clerk if the Attorney General filed anything in your case.
- If no, you can finish your case without further notice to the Office of the Attorney General.
- If yes, talk with a lawyer about what to do next. You can use Ask a Question to chat with a lawyer online.
Read the article Tips for the Courtroom for more information about going to Court.
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;
- a file-stamped copy of the Return of Service form showing when and where the other parent was served;
- a completed Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) (with a possession order attached) signed by you;
- a completed Income Withholding Order for Support if child support will be ordered;
- a completed Certificate of Last Known Mailing Address form and 1 copy;
- a completed Military Status Declaration (or Military Status Affidavit for Harris County) and 1 copy; and
- if another respondent was served and defaulted, you must also bring the following for that respondent;
- a file-stamped copy of the Return of Service form showing when and where that respondent was served.
- a completed Certificate of Last Known Mailing Address form and 1 copy.
- a completed Military Status Declaration (or Military Status Affidavit) and 1 copy.
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 the other parent (or other respondent or the OAG) has filed an answer. If the other parent (or anyone else) has filed an answer, you will not be able to finish your case by default. Go back to Step 8.
- File the Certificate of Last Known Mailing Address and the Military Status Declaration (or Military Status Affidavit). 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 (Parent Custody Order).
After the judge signs your Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order), go back to the clerk’s office.
- File (turn in) your Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge. Your case is NOT final until you do so.
- Get a certified copy of your Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge from the clerk while you are there. The clerk may charge a fee for the certified copies.
- Turn in the completed Information on Suit Affecting the Family Relationship form to the district clerk's office.
- If child support was ordered:
- ask the clerk how to set up a child support account, and
- ask the clerk to send a copy of the Income Withholding Order for Support to the employer of the parent ordered to pay child support.
- Complete and submit the Record of Support Order to the clerk's office to set up the child support account.
Follow these steps after your case is finished.
- Send a file-stamped copy of the Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) and any other orders signed by the judge to the other parent.
- If you were ordered to pay child support and/or cash medical support, learn about payment options here: Texas Attorney General - Child Support Payment Options. If you have any questions, call the Office of the Attorney General Child Support Division at 800-252-8014. DO NOT send child support payments directly to the other parent.
- If the other parent was ordered to pay child support, medical support, or dental support to you—but doesn’t pay—contact the Texas Attorney General Child Support Division for help enforcing your order.
Forms Required
-
Petition in Suit Affecting the Parent-Child Relationship [SAPCR]
FM-SAPCR-100
Use to begin a lawsuit regarding custody, visitation, and child support. -
Exhibit: Out-of-State Party Declaration
FP-OSP-302
Do not file this form on its own. It is an exhibit. Use this form if anyone that is named as a party in your Texas custody case lives out of state.... -
Required Initial Disclosures - SAPCR or Modification
FM-SAPCR-Disc-101-Required Initial Disclosures
You may have to give your child’s other parent information and documents as part of your court case. Use this form. -
Information on Suit Affecting the Family Relationship (Excluding Adoptions)
VS-165
Information sheet for reporting divorce, annulment, and SAPCR cases to Texas Vital Statistics Unit. -
Fee Waiver (Bilingual) - Statement of Inability to Afford Payment of Court Costs or an Appeal Bond
CB-CFFW-100
Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. -
Income Withholding for Support
FM-IW-200
Order instructing an employer to withhold child support from employee's pay. -
Certificate of Last Known Mailing Address
PR-DJ-110
Use this form when you file a lawsuit and need to certify the other party’s last-known mailing address. -
Military Status Declaration
PR-DJ-112
Use this form when you file a lawsuit and need to certify the other party’s military status. Requires notary signature. -
Fee Waiver (Statement of Inability to Afford Payment of Court Costs) - Guided Form
CB-CFFW-100-Guided
Guided version. Use to ask a court to waive court costs, appeal bonds, or cash deposits; based on your inability to pay. -
Out-of-State Party Declaration - Guided Form
FP-OSP-302 -Int
Guided version. Use this form if anyone that is named as a party in your Texas divorce lives out of state. -
Order in Suit Affecting the Parent-Child Relationship (Parent Custody Order) [SAPCR]
FM-SAPCR-200
Use to order custody when parents are the managing conservators, who decide where child/ren will live. -
Military Status Affidavit
PR-DJ-111
Use form when you file lawsuit, need affidavit regarding the other party’s military status. Requires notary signature. -
Standard-Possession-Order
FM-CHIL-306-Standard-Possession-Order-TCLL
Add visitation terms into a divorce decree or custody order under the terms of the Texas Standard Possession Order. -
Record of Support Order
Form 1828A (ROS/App)
This completed form must be submitted to the county’s clerk of the court to set up the child support account. -
Low-Income Child Support Guidelines Handout
FM-CS-800
Tables explaining child support guidelines when the obligor has less than $1,000/month in net resources. -
Out-of-State Party Declaration - Guided Form
FP-OSP-302 -Int
Guided version. Use this form if anyone that is named as a party in your Texas divorce lives out of state.
Articles
Articles in this guide
-
Tips for the Courtroom
This article tells you general information on what to do and not to do in a courtroom. -
Texas Family Law Handbook
This handbook explains family courts and other family law issues, with a focus on Harris County. -
Child Support in Texas
This article discusses child support in Texas, including how to get or change a child support order. -
Court Fees and Fee Waivers
If you don’t have enough money to pay the court fees, you can ask a judge to waive the fees. -
Child Custody and Conservatorship
Learn about Texas custody orders. -
Child Visitation and Possession Orders
Learn about Texas visitation orders, also called possession orders. -
How to Dismiss a Case You Filed
What to do when you don't want to continue with your case. -
Changing Your Address or Employment Information
This article explains the legal duty to update your address and other personal information with the court and others, and why it is important to do... -
SAPCR (Custody) Cases
This article answers frequently asked questions about custody suits, also known SAPCR cases. -
Temporary Orders and Temporary Restraining Orders (TROs)
This article tells you about temporary orders and temporary restraining orders (TROs) in family law cases. -
How to Set a Contested Final Hearing (Family Law)
This article discusses the steps to set a contested final hearing in a family law case. -
Service by Publication (when you can't find the other parent)
This article tells you how to serve the other parent by publication when you cannot find them. -
How to Set an Uncontested Final Hearing (Family Law)
This article discusses setting an uncontested final hearing in a family law case in Texas.