You have a child and a disagreement with the other parent. That’s a stressful place to start. Now, you may hear the term SAPCR (Suit Affecting the Parent-Child Relationship) and wonder whether you need to pursue a SAPCR, a divorce, or both.
A divorce ends a marriage. An SAPCR settles only what concerns the child and is often filed by unmarried parents. When married parents divorce, the SAPCR is built right into the divorce.
KGK Family Law has handled both kinds of cases for families in Harris and Fort Bend counties.
Key Takeaways
- Married parents who divorce don’t file a separate custody case, because the divorce carries the SAPCR inside it. One exception is when another court already has a custody order for the child.
- Unmarried parents use a standalone SAPCR, and an unmarried father generally has no legal rights to his child until paternity is established.
- Only a divorce divides property and debts, and typically only a divorce comes with a 60-day waiting period.
- Judges apply the same best interest standard and the same child support guidelines in both cases.
- If you agreed to be married, lived together in Texas, and told people you were married, Texas may treat you as married. That can change the type of case you need.
A SAPCR attorney at KGK Family Law can read your facts and identify the right path forward.
What Is a SAPCR in Texas?
A SAPCR is a lawsuit that asks a Texas judge to make binding orders about a child.
Texas law uses the word conservatorship where most people say custody. The court sets conservatorship for who makes decisions, possession and access for the parenting schedule, and support for the money, including medical support.
Parents can file a SAPCR, but being the biological father does not make a man a legal parent by itself. In most cases, he becomes a legal parent when both parents sign an acknowledgment of paternity or a court names him as the father. In some cases, the law presumes a man is the father. One example is when he lived with the child for the child’s first two years and told others the child was his. In some cases, a SAPCR is where that gets settled.
State law also gives certain grandparents, relatives, and other caregivers standing to file a SAPCR. A divorce never gives them that right.
How Does a Divorce With Children Work in Texas?
Married parents usually don’t file two cases. A Texas divorce that involves children typically includes the SAPCR in the same case. The judge sorts out the house, the retirement accounts, the debts, and the parenting plan in one decree. That’s efficient when spouses agree, and it gets complicated when they don’t.
SAPCR vs. Divorce: Who Can File, Where, and How Fast?
The two cases differ on three practical points: who may file, which county hears the case, and how soon a judge can finish it.
Who Can File
Only a spouse can file for divorce. A SAPCR can come from an unmarried parent, a grandparent or caregiver, or a married parent who isn’t ready to divorce, though that last situation is uncommon.
Where the Case Is Filed
A divorce generally requires one spouse to have lived in Texas for six months and in the filing county for 90 days. A SAPCR is generally filed in the county where the child lives.
How Long It Takes
In most cases, a judge can’t grant a divorce before the 60th day after filing, under Tex. Fam. Code Ann. §6.702. A SAPCR has no 60-day waiting period, so an agreed order can be signed as soon as the paperwork is complete and the court’s calendar allows. Contested cases of either kind take months.
What Can the Judge Decide in Each Case?
A divorce decides issues between the spouses, including issues about the children. A SAPCR decides only what concerns the child. Specifically:
- A divorce decree ends the marriage and divides the community property and debts, including the home.
- A SAPCR order sets conservatorship, possession and access, and support of the children.
- Child support follows the same guideline in both cases. For one child, the guideline is 20% of the paying parent’s monthly net resources on the first $11,700, which caps the guideline amount at $2,340 a month. A judge can order more when the child’s proven needs call for it. A judge can also order a different amount if the guideline would not be fair.
Sorting out which case you need is the first thing a family law attorney does. Yasmin Kutty is board certified in family law by the Texas Board of Legal Specialization, and she and the rest of the KGK Family Law team can look at your facts and tell you where you stand.
Texas May Treat You as Married Without a Ceremony
Texas recognizes informal marriage, often called common-law marriage, under Tex. Fam.Code Ann. § 2.401. If you and the other parent agreed to be married, lived together in Texas, and told people you were married, a judge may treat you as spouses. In that case you need a divorce, not a standalone SAPCR.
Does the Type of Case Change How a Judge Decides Custody?
No, a Texas judge uses the same standard whether custody is decided in a divorce or a SAPCR. The best interest of the child is the primary consideration for conservatorship and possession, according to Tex. Fam. Code Ann. § 153.002. The Texas Family Code does not define “best interest” in a single statute, so courts weigh factors such as the child’s emotional and physical needs, any danger to the child, each parent’s parenting abilities, and the stability of the proposed home.
Frequently Asked Questions
How do I change a custody order after it’s final?
You usually file a suit to modify in the court that signed the order. For conservatorship and the possession schedule, you’ll generally need to show a material and substantial change since the last order. A child support change can qualify after three years if the amount differs from the guideline by 20% or $100 a month.
Can the Attorney General’s office handle my SAPCR?
Not for contested custody issues. The Attorney General’s Child Support Division handles paternity and support orders, but its attorneys represent the State of Texas and not either parent. If conservatorship or the schedule is contested, you’ll want your own lawyer.
What if the other parent won’t sign an acknowledgment of paternity?
Then a court can name the legal father. The Attorney General’s office says unmarried parents who don’t agree can get a court order establishing paternity, and DNA testing is an option. Ask a lawyer to add the paternity request to your SAPCR petition so the judge decides paternity and the schedule in one case.
KGK Family Law: A Houston Child Custody Law Firm
You came here trying to figure out whether your family needs a divorce, a SAPCR, or both, and that confusion is common when a child’s schedule is at stake. Our first conversation at KGK Family Law starts with three questions: whether you and the other parent were ever married (including informally), where your child has lived for the last six months, and whether anyone has already filed a case anywhere. Those answers often decide the case and the courthouse.
Contact our firm today and we’ll go through your facts with you and map out the possible next steps.
