[TX] If my ex won't pay child support, should I file a SAPCR?
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You're absolutely right — in your situation, filing a SAPCR (Suit Affecting the Parent-Child Relationship) is the right legal step. You're in Beaumont, which falls under Jefferson County, so you'll be filing through the Jefferson County District Clerk.
Here’s a clear and cost-conscious roadmap to protect your daughter and establish a legal framework:
Why You Should File a SAPCR
Right now, both you and the father have equal rights because nothing has been established in court. That means he could legally take your daughter, and you’d have to fight in court to get her back.
Filing a SAPCR will:
- Establish legal custody (conservatorship), visitation, and child support.
- Allow you to request to be the sole managing conservator, giving you full decision-making power.
- Set up supervised visitation or limited access if you can show that unsupervised visits would be harmful.
- Ensure that you’re protected long-term.
Steps to File a SAPCR (Pro Se – Without a Lawyer)
- Download SAPCR Forms for Texas:
Visit TexasLawHelp.org and search “SAPCR – Custody, Visitation, Child Support.” Use their guided forms — they’re free and tailored to your county. - Request to Be Sole Managing Conservator:
In the petition, explain the father's instability, inconsistency, lack of financial support, and safety concerns. Courts often award sole managing conservatorship to the primary caregiver. - File the Forms:
File at the Jefferson County District Clerk’s Office (physically or electronically). Filing fees are around $300, but you can apply for a fee waiver with the “Statement of Inability to Afford Payment of Court Costs.” - Serve the Father:
He must be served properly (by constable or process server). This ensures your case moves forward even if he doesn’t respond.
Why You May Want to Avoid the Attorney General for Now
The Attorney General’s Office can help establish child support for free but doesn’t handle custody or visitation. Once they open a case, they might create a standard possession order by default (every other weekend), which could create more risk than protection.
If you file the SAPCR first, you control the terms and can request supervised or no visitation. You can always go to the AG after a court order is in place.
Practical Tips:
- Document everything: missed visits, lack of support, unsafe behavior.
- Keep a journal of all interactions.
- Attend free legal clinics through Lone Star Legal Aid or Texas Legal Services Center.
- Consider a protective order if there’s ongoing or recent threatening behavior.
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I am in Beaumont, TX and have a 2-year-old. I have no custody plan in place and her dad has been inconsistent, has not financially supported at all, is mentally unstable, and has had some scary moments around me and my daughter. I am on a limited budget and want to do it the best way I can for her while looking out for money as well. I know/think I need to file a SAPCR. I have not gone to the attorney general due to being afraid of what the outcome with her dad would look like. I just need advice.
I'm sorry to hear about the challenges you're facing with your daughter’s father. Have you and your daughter’s father ever discussed custody arrangements or child support informally?
We have talked about both within the last year that we’ve been separated. He always says he’ll send money but never does. He’s always been okay with me having her and making her decisions. A couple months ago, he started kind of trying to be in her life when he feels like it but also has another kid on the way that he’s focused on.
In the beginning, she was supposed to stay certain nights with him, and it started with her going for a few hours but didn’t last long.
Are there any specific incidents involving your daughter’s father that have made you concerned for your daughter’s safety and well-being?
He’s been very vulgar and aggressive with her around. I’ve had to call the police on him a couple of times due to him banging on my window at 2 a.m. in the room where we sleep (me and my daughter; he doesn’t live here).
He’s been arrested for minor things more than a couple of times. One night he got drunk and threw his cup of alcohol, waking her up screaming, and he continued to yell and argue until I called the cops. He hasn’t done anything responsible for her and has usually had me around with her.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with custody and safety.
He’s stalked me a few times, has tried using her against me by trying to wake her up in the middle of the night because I went out while she was sleeping and had my dad watching her. He just gets mad and tries to use things against me, including our daughter, which isn’t okay. He lives a fast life and is always changing how he lives.
It just makes me extremely nervous to think of her with him even for a night. I have police reports, reports from my manager stating him harassing me at work, etc.
Hello, my name is Andres Sanchez and I am an attorney with 20 years of experience. How are you?
I’m doing as good as I can given the situation. How are you? Thank you for responding.
I'm good. Thanks.
You're absolutely right — in your situation, filing a SAPCR (Suit Affecting the Parent-Child Relationship) is the right legal step. You're in Beaumont, which falls under Jefferson County, so you'll be filing through the Jefferson County District Clerk.
Here’s a clear and cost-conscious roadmap to protect your daughter and establish a legal framework:
Why You Should File a SAPCR
Right now, both you and the father have equal rights because nothing has been established in court. That means he could legally take your daughter, and you’d have to fight in court to get her back.
Filing a SAPCR will:
- Establish legal custody (conservatorship), visitation, and child support.
- Allow you to request to be the sole managing conservator, giving you full decision-making power.
- Set up supervised visitation or limited access if you can show that unsupervised visits would be harmful.
- Ensure that you’re protected long-term.
Steps to File a SAPCR (Pro Se – Without a Lawyer)
- Download SAPCR Forms for Texas:
Visit TexasLawHelp.org and search “SAPCR – Custody, Visitation, Child Support.” Use their guided forms — they’re free and tailored to your county. - Request to Be Sole Managing Conservator:
In the petition, explain the father's instability, inconsistency, lack of financial support, and safety concerns. Courts often award sole managing conservatorship to the primary caregiver. - File the Forms:
File at the Jefferson County District Clerk’s Office (physically or electronically). Filing fees are around $300, but you can apply for a fee waiver with the “Statement of Inability to Afford Payment of Court Costs.” - Serve the Father:
He must be served properly (by constable or process server). This ensures your case moves forward even if he doesn’t respond.
Why You May Want to Avoid the Attorney General for Now
The Attorney General’s Office can help establish child support for free but doesn’t handle custody or visitation. Once they open a case, they might create a standard possession order by default (every other weekend), which could create more risk than protection.
If you file the SAPCR first, you control the terms and can request supervised or no visitation. You can always go to the AG after a court order is in place.
Practical Tips:
- Document everything: missed visits, lack of support, unsafe behavior.
- Keep a journal of all interactions.
- Attend free legal clinics through Lone Star Legal Aid or Texas Legal Services Center.
- Consider a protective order if there’s ongoing or recent threatening behavior.
Without getting a lawyer and doing the SAPCR on my own through these steps, in your opinion do you think my chances are pretty good at getting very limited visitation — like every other weekend, one weekend a month, or even supervised?
It’s hard for me to say for sure, but from what you’ve said, I think you have a good chance for some type of limited visitation. I would recommend an attorney so they can present the best case for you.
Thank you. I will do my best to get an attorney so I can protect her and me in the best way I can. I do feel very unsure of how all of this works.
In the meantime, should I just keep my daughter with me? I have let him see her sometimes, but the last time he tried, she screamed until he brought her back. Especially if I move forward, should I just wait until it’s documented and official before giving him visitation? (last question)
Yes, you have the right to do that. You're welcome. I hope everything works out for you.
