How to File for Custody in Texas: SAPCR Process, Forms, and Steps

In Texas, a custody case is formally called a Suit Affecting the Parent-Child Relationship — SAPCR (pronounced "sap-sir"). Whether you're filing as part of a divorce or as unmarried parents establishing custody for the first time, the process runs through the same procedural framework.

Before You File: Residency Requirements

Texas has strict jurisdictional rules. You can't file in any county you choose:

• State residency: At least one parent must have lived in Texas continuously for the preceding six months
• County residency: The filing parent must have lived in the specific county for at least 90 days
• Child's home state: Under the UCCJEA, Texas must be the child's "home state" — meaning the child has lived in Texas with a parent for at least six consecutive months before filing (or since birth if the child is under six months)

If the child recently moved from another state, jurisdiction gets complicated. The six-month home-state rule determines which state's courts have authority, and filing in the wrong state wastes time and money.

Step-by-Step Filing Process

Step 1: Prepare the Petition

The Original Petition in Suit Affecting the Parent-Child Relationship is your initiating document. It names both parents, all children involved, and tells the court what you're asking for — conservatorship designation, possession schedule, child support, and any protective orders.

As of September 1, 2025, you must also attach a certified copy of each child's birth certificate. The clerk seals this document to protect the child's identity.

Free forms are available through TexasLawHelp.org and many county district clerk websites. If you're filing alongside a divorce, the SAPCR petition is combined with or attached to the Original Petition for Divorce.

Step 2: File with the District Clerk

Take the completed petition to the district clerk's office in the county that meets the residency requirements. Filing fees vary by county but typically range from $300 to $350. If you can't afford the fee, you can file an affidavit of inability to pay (under Rule 145 of the Texas Rules of Civil Procedure) to request a fee waiver.

Step 3: Serve the Other Parent

The other parent must be formally notified of the lawsuit. Service options include:

• Process server or constable — a third party physically delivers the citation and petition
• Waiver of service — the other parent voluntarily signs a waiver acknowledging they received the documents (common in agreed cases)
• Service by publication — as a last resort when you genuinely cannot locate the other parent, you can serve through a newspaper publication

The other parent then has until the following Monday after 20 days from service to file a written answer.

Step 4: The 60-Day Waiting Period

Texas imposes a mandatory 60-day cooling-off period from the date of filing. No judge can sign a final order until those 60 days have elapsed. The only exceptions involve cases with active protective orders or a final criminal conviction for family violence.

This waiting period applies to divorces with children and standalone SAPCR cases alike.

Step 5: Temporary Orders (If Needed)

If custody, support, or safety issues need immediate resolution, either parent can request temporary orders. The court holds a hearing and sets:

• Temporary conservatorship and possession schedule
• Temporary child support
• Restraining orders or protective provisions
• Rules about the marital residence and children's schooling

Temporary orders stay in effect until the case is resolved by agreement or trial.

Step 6: Mediation or Trial

Texas courts strongly encourage — and usually order — mediation before trial. If mediation produces a Mediated Settlement Agreement signed by both parties, the court enters it as a final order.

If mediation fails or is waived (domestic violence cases), the case goes to a bench trial before the judge, who decides conservatorship, possession, support, and property division based on the child's best interest.

Standing Orders: Automatic Rules in Many Counties

In larger Texas counties (Harris, Dallas, Tarrant, Bexar, Travis), standing orders automatically take effect when a family case is filed. These orders typically:

• Prohibit both parents from hiding or destroying community property
• Prevent either parent from relocating with the children outside the jurisdiction
• Freeze bank accounts from unusual withdrawals
• Restrict both parents from disparaging each other in front of the children

Check your county's local rules — standing orders vary significantly between jurisdictions.

What It Costs

An uncontested case with an agreed parenting plan can be resolved for under $1,000 total if both parents cooperate and handle their own paperwork.

The Texas Child Custody & Parenting Plan Guide walks through each filing step with document checklists and timeline trackers, designed for parents handling the process themselves or preparing before their first attorney consultation.

See more Texas guides →