This toolkit tells you how to ask for a custody, visitation, child support and medical support order if (1) you are a grandparent or other nonparent and (2) there are no existing court orders about the child. FORMS ARE INCLUDED.

This toolkit includes:

• Instructions & Forms you can use to file a custody case called a “Suit Affecting the Parent-Child Relationship” (SAPCR for short) as long as you meet all legal requirements.
  • Use the first set of instructions if everyone agrees.
  • Use the second set of instructions if you don’t think the child’s parents will participate in the process.
• Frequently Asked Questions about filing a nonparent custody case.
• Articles on topics related to custody, visitation, child support and medical support.

Do NOT use this toolkit if:

• There is already a court order about the child (not including a family violence protective order). If there is already a court order about the child (such as an Attorney General Child Support Order), use this toolkit instead: I need to change a custody, visitation or support order.

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 1-800-799-SAFE (7233) before filing a SAPCR case. You may qualify for free legal help.

Other Options:

• Ask the Parent to Sign an Authorization Agreement – Under certain circumstances, a parent (or both parents) may sign an Authorization Agreement for Nonparent Relative or Voluntary Caregiver form to authorize a relative or voluntary caregiver to care for and make decisions for a child. Unlike a custody order, a nonparent authorization agreement can be revoked (taken back) by the parent at any time. Get more information and the form here: Authorization for Nonparent Care of a Child.
• Get help from the Office of the Attorney General (OAG) – Although the OAG cannot represent you, the OAG may be able to help you get a custody order. For information about opening a case with the OAG, call 1-800-252-8014 or go to its website at www.oag.state.tx.us/cs.

Need Help?

• Use Legal Help Finder to search for a lawyer referral service, legal aid office or self-help center in your area.
• Check our Legal Clinic Calendar to learn if there is an upcoming legal clinic near you.
• Use Ask a Question to chat online with a lawyer or law student.

WARNING! The information and forms in this toolkit are not legal advice and are not a substitute for the help of a lawyer. It’s a good idea to talk with a lawyer about your particular situation.