How do I file an SAPCR in Texas?
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You’re absolutely right — filing a SAPCR (Suit Affecting the Parent-Child Relationship) is the right step (Family Code Title V Subtitle A Sec. 102.001). Beaumont is in Jefferson County, so you’ll file through the Jefferson County District Clerk.
Here’s a roadmap:
- Why File a SAPCR: Right now, you both have equal rights. Filing sets custody, visitation, and child support. You can request sole managing conservatorship and supervised/limited visitation if unsupervised visits would be harmful.
- Steps Without a Lawyer:
-
- Download free SAPCR forms.
- Request to be the sole managing conservator, explaining his instability and unsafe behavior.
- File at the Jefferson County District Clerk’s Office (fee about $300, but you can apply for a fee waiver).
- Serve him properly through a constable or process server.
- Attorney General: The OAG can set up child support, but not custody/visitation. If you start there, you may end up with a standard possession order (every other weekend), which could be risky. Better to file SAPCR first.
- Practical Tips: Document everything, keep a journal, and consider free legal clinics in your county. You might also seek a protective order if his behavior continues.
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I’m in Beaumont, TX and have a two-year-old. I have no custody plan in place. Her dad has been inconsistent, has not financially supported her, is mentally unstable, and has had some scary moments around me and my daughter. I’m on a limited budget and want to do the best for her while looking out for money as well. I think I need to file a SAPCR, but I haven’t gone to the Attorney General because I’m afraid of what the outcome with her dad would look like. I just need advice.
Have you and your daughter’s father ever discussed custody or child support informally?
We’ve talked about both since separating. He always says he’ll send money but never does. He was fine with me having her, but a couple of months ago he started trying to be in her life when he feels like it. At first she was supposed to stay with him certain nights, but it quickly stopped.
Are there specific incidents involving him that concern you for your daughter’s safety?
Yes. He’s been vulgar and aggressive with her around. I’ve had to call police when he banged on my window at 2am. He’s been arrested a few times. One night he got drunk, threw his cup, woke her up screaming, and kept yelling until I called police. He hasn’t been responsible with her and usually only saw her if I was around.
Anything else the lawyer should know?
He’s stalked me, tried using her against me, and even tried waking her up in the middle of the night out of spite. I have police reports, and reports from my manager about him harassing me at work.
Hello, my name is Andres Sanchez and I’m an attorney with 20 years of experience. How are you?
I’m doing as good as I can given the situation. Thank you for responding.
You’re absolutely right — filing a SAPCR (Suit Affecting the Parent-Child Relationship) is the right step (Family Code Title V Subtitle A Sec. 102.001). Beaumont is in Jefferson County, so you’ll file through the Jefferson County District Clerk.
Here’s a roadmap:
- Why File a SAPCR: Right now, you both have equal rights. Filing sets custody, visitation, and child support. You can request sole managing conservatorship and supervised/limited visitation if unsupervised visits would be harmful.
- Steps Without a Lawyer:
-
- Download free SAPCR forms.
- Request to be the sole managing conservator, explaining his instability and unsafe behavior.
- File at the Jefferson County District Clerk’s Office (fee about $300, but you can apply for a fee waiver).
- Serve him properly through a constable or process server.
- Attorney General: The OAG can set up child support, but not custody/visitation. If you start there, you may end up with a standard possession order (every other weekend), which could be risky. Better to file SAPCR first.
- Practical Tips: Document everything, keep a journal, and consider free legal clinics in your county. You might also seek a protective order if his behavior continues.
Without getting a lawyer and doing this on my own, do you think my chances are good at getting very limited visitation or supervised?
Hard to say for sure, but from what you’ve described, yes, you have a good chance at limited visitation. Still, an attorney would present the best case for you.
Thank you. I’ll do my best to get an attorney to protect us. In the meantime, should I just keep my daughter with me? I’ve let him see her sometimes, but the last time she screamed until he brought her back. Should I wait until it’s official before giving him visitation?
Yes, you have the right to keep her with you until there’s a court order.
Thank you.
You’re welcome. I hope everything works out for you.
