Strong Legal Help For All Your Family Law Needs

Suits Affecting The Parent-Child Relationship In Texas

While most everyone knows what a divorce is, the term “SAPCR” (suit affecting the parent-child relationship) is generally unrecognizable outside of the family law community in Texas. A SAPCR refers to a lawsuit focused on the best interests of a child. It is a crucial legal process used to address various child-related issues such as custody, visitation, child support and medical support. These proceedings are particularly common when parents are unmarried and need to legally establish parental rights and responsibilities.

At Izzo & Associates, PLLC, our attorneys know that most Texas judges prefer that spouses settle their cases as peacefully as possible, particularly if children are involved. While this is not always possible, our Austin and Round Rock family attorneys use their family law knowledge and experience to negotiate a fair and equitable settlement. This approach saves time and money and avoids unnecessary emotional distress for the entire family. Still, it is not always realistic.

Who Can File A SAPCR?

While SAPCRs are typically initiated by unmarried parents, others who have a significant relationship with the child can also file. Under the Texas Family Code, eligible parties include:

  • Biological or adoptive parents: Either have the standing to file.
  • Prospective adoptive parents: Individuals planning to adopt the child may file under specific circumstances.
  • Caregivers: Those who have had actual care, control and possession of the child for at least six months may file, provided this period ended within 90 days of filing.
  • Designated conservators: Individuals named in a legal document relinquishing parental rights can file.
  • Relatives: Grandparents, siblings or other relatives may file if both parents are deceased or if there are agreements or concerns about the child’s welfare.
  • Foster parents: Those who have fostered the child for at least a year can also initiate a SAPCR.

The SAPCR Process

The SAPCR process involves several key steps, each designed to ensure that the child’s best interests are prioritized:

  • Filing the case: The petitioner begins by filing a detailed petition in the appropriate district court. This document outlines the parties involved and the desired outcomes concerning custody and support. The respondent must be officially served with this petition and a citation.
  • Responding to the petition: The respondent has a specified timeframe, generally 20 days after receiving the citation, to file a written answer. Failure to respond may result in a default judgment for the petitioner.
  • Temporary orders: These are sometimes necessary to address immediate concerns like temporary custody or support and remain effective until the final order is issued.
  • Discovery process: Both parties engage in discovery, exchanging relevant information and documents. This phase may include interrogatories, requests for documents and depositions, all aimed at gathering evidence to establish the facts of the case.
  • Mediation or settlement negotiations: Before trial, parties often attempt to resolve issues through mediation. A neutral third party helps facilitate discussions to reach an agreement, which, if successful, is submitted to the court for approval.
  • Trial: If an agreement isn’t reached, the case proceeds to trial. Each party presents evidence and witnesses, and the judge may appoint experts, such as child custody evaluators, to provide additional insights.
  • Final decision: The judge issues a final order based on the presented evidence, detailing custody, visitation and support arrangements. This order reflects the child’s best interests.
  • Post-judgment actions: Compliance with the final order is mandatory. If circumstances change significantly, parties can file motions to modify or enforce the order.

How Our Team Starts These Cases

In most people’s minds, the first step in a divorce or an SAPCR action is to file a petition with the court immediately. However, our family law attorneys in Austin and Round Rock can explain the ins and outs of their specific legal process by speaking with our clients upfront. Since no two cases are alike, sometimes, it is best to advise clients to take certain steps to enhance their position before our attorneys file a petition.

In other situations, our lawyers advise filing immediately to place a client in the first position before the court or in child endangerment situations. This allows our team to also file a request for a temporary restraining order to inhibit an opponent from harming a child.

In a typical nonemergency situation, once an initial strategy is established with the knowledge and agreement of our client, a pleading must be filed in the local court of record. The opposing party must then either be served with due process or agree to sign a waiver of service for due process to be established. In other words, the opposing party must be notified of the lawsuit.

Issues Addressed In A SAPCR

As we said above, SAPCRs can be used for several different issues. These include:

  • The court’s role: The court’s primary role in a SAPCR is to ensure that all decisions serve the child’s best interests. This involves determining conservatorship (joint or sole), establishing a custody and visitation schedule and ordering appropriate child support. The court considers factors like the child’s needs, the parents’ capabilities and the stability of each parent’s home environment.
  • SAPCR vs. Divorce: While a divorce legally ends a marriage and addresses multiple issues, an SAPCR focuses solely on child-related matters. It can be part of a divorce case or a standalone action for unmarried parents.
  • SAPCR vs. Petition to Adjudicate Parentage: A Petition to Adjudicate Parentage is specifically for establishing legal parentage, often through DNA testing. In contrast, a SAPCR addresses broader issues like custody and support.
  • SAPCR vs. Child Custody Modification: A SAPCR can set or modify parental rights, while a custody modification specifically seeks to change existing custody orders due to significant changes in circumstances, such as alterations in the child’s needs or a parent’s situation.

Let Our Austin Family Law Attorneys Address Your SAPCR Needs

Navigating a SAPCR requires understanding the legal framework and prioritizing the child’s welfare. If you are ready to meet with a family law attorney in Austin or Round Rock who has your best interests in mind, contact us today. Call Izzo & Associates, PLLC, at 512-982-1161 or email us here to schedule your initial consultation today.