A Suit Affecting the Parent-Child Relationship (SAPCR) is the Texas court case a parent, grandparent, or other eligible person files to ask a judge to decide custody (called conservatorship), visitation (possession and access), child support, and medical or dental support for a child. You file it in the district or county court where the child has lived for the last six months, under Texas Family Code Chapter 102, using the free statewide forms hosted on TexasLawHelp SAPCR forms.
The Texas Office of Court Administration’s 2023 Annual Statistical Report shows that more than 250,000 family law matters move through Texas district courts each year, and SAPCR cases are one of the largest categories. A clerk-rejected petition or a missing UCCJEA affidavit can delay your hearing by 30 to 90 days, which is a long time when a child’s living situation is unsettled. This guide walks you through every box on the Original Petition in a Suit Affecting the Parent-Child Relationship (Form FM-SAPCR-100), current revision dated September 2023, and shows what happens after you hand it to the clerk.
You will learn:
- 📝 How to fill out every field on the Original Petition in a SAPCR the right way
- 📂 Which documents and ID numbers to gather before you open the form
- 💵 How to pay the filing fee or qualify for a fee waiver under Texas Rule of Civil Procedure 145
- ⚖️ How to choose between joint and sole managing conservatorship without hurting your case
- 👨👩👧 How three real Texas families finished their SAPCR from start to final order
What the SAPCR Form Is and Who Must File It
A SAPCR is a civil lawsuit that asks a Texas court to make orders about a child under 18 who is not already covered by a final custody order. The case is governed by Texas Family Code §§ 101.032 and 102.003, which list who has standing (the legal right) to file. The court enters orders on conservatorship, possession and access, child support under Chapter 154, and medical and dental support.
Parents file most SAPCRs, but § 102.003 also allows grandparents, foster parents who have had the child for at least 12 months, and other relatives in defined situations. The Texas Office of the Attorney General Child Support Division files Title IV-D SAPCRs when a parent applies for state child support services. If the child already has a final custody order, you do not file a new SAPCR. You file a Modification under Chapter 156 instead.
The court must have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act in Chapter 152. That usually means Texas has been the child’s home state for the last six months. Filing in the wrong state or county is the fastest way to get a case dismissed, which means starting over and paying the fee twice. A common misconception is that you file where you live; you actually file where the child lives.
Before You Start: Documents and Information You Need
Gather these items before you open the form. Missing one item is the most common reason a clerk rejects a petition at the counter.
- Child’s certified birth certificate from the Texas Vital Statistics Unit so the court can confirm parentage and date of birth.
- Each parent’s full legal name, current address, and date of birth, because the petition must list the parties under § 102.008.
- Social Security numbers for both parents and the child (these go on a separate sealed form, not the public petition).
- Driver’s license numbers for both parents, required by the Texas Family Code § 105.006 information sheet.
- Three-year address history of the child, needed for the UCCJEA affidavit; leaving any address out can void the affidavit.
- Marriage and divorce records, if the parents were ever married, so the court can confirm there is no overlapping order.
- Acknowledgment of Paternity (AOP) or court paternity order if the parents were never married, available from the OAG paternity page.
- Proof of income for both parents (last three pay stubs and last year’s tax return) for the Chapter 154 child support guidelines.
- Health insurance information for any policy covering the child, because the order must address medical and dental support.
- A military status declaration under the Servicemembers Civil Relief Act for any party who is on active duty.
If you cannot afford the filing fee, also gather proof of income or benefits to file the Statement of Inability to Afford Payment of Court Costs.
Where to Get the Form and How to Access It
The official statewide SAPCR packet lives on TexasLawHelp’s SAPCR page, maintained by the Texas Legal Services Center and approved by the Texas Supreme Court Uniform Forms Task Force. Download Set 1: Both Parents Agree if both parents will sign, or Set 2: Parents Cannot Agree if you expect a contested case.
Some counties post their own versions. Harris County District Clerk accepts the statewide forms but adds a standing order that becomes part of every SAPCR on filing. Dallas County and Travis County also have local standing orders that change what each parent can do during the case. Always read the local standing order before you file because it controls behavior the moment the case opens.
You can fill the form on a computer using the free Guided Forms tool on TexasLawHelp, which assembles the petition, the UCCJEA affidavit, and the information sheet from one interview. You can also print the PDF and write in black ink. Never use pencil or correction fluid because the clerk will reject the petition. The form’s revision date prints in the bottom-left corner; confirm it reads 9/2023 or later before you sign.
Step-by-Step: How to Fill Out Form FM-SAPCR-100 Line by Line
The petition is divided into 14 numbered sections. Complete every section in order. Skipping a section, even one that looks optional, can trigger a clerk’s rejection or a special exception from the other side that delays the case.
Section 1: Cause Number and Court Information
What it asks in plain English. The top of the page asks for the cause number, the court number, and the county where you are filing.
How to answer it. Leave the cause number blank; the district clerk stamps it when you file. Write the county in all capital letters. Leave the court number blank if you do not know which court will be assigned, because most counties assign the court at filing.
Example. Maria Lopez writes HARRIS on the county line and leaves the cause number empty for the clerk’s stamp.
Nuance. In counties with only one district court, you can write the court number yourself; in Harris County, the clerk’s intake system picks the court at random.
Mistake and consequence. Filers who guess a cause number get the petition kicked back the same day and must reprint every page.
Misconception. Many filers think they pick the court. The clerk’s office, not the petitioner, assigns the court under local rules.
Section 2: Petitioner’s Information
What it asks. Your full legal name, address, and contact details.
How to answer it. Print your name as it appears on your driver’s license. List a mailing address you check often, because the court mails every order there. If you fear the other parent, file a Motion to Keep Address Confidential before you put a home address on the petition.
Example. Maria Lopez writes MARIA ELENA LOPEZ, 4501 Main Street, Houston, TX 77002.
Nuance. A P.O. Box is fine for mailing, but the UCCJEA affidavit still needs a physical address.
Mistake and consequence. Listing a nickname like Liz instead of Elizabeth creates a name mismatch with the final order, which can block passport and school enrollment use later.
Misconception. Some filers think they must list a lawyer’s address. Pro se filers list their own address and write Pro Se where the bar number goes.
Section 3: Respondent’s Information
What it asks. The other parent’s full legal name, address, and how you want them served.
How to answer it. Use the respondent’s full legal name. Pick a service method: personal service by a constable, certified mail by the clerk, or waiver of service if the respondent will sign a notarized Waiver of Service.
Example. Maria writes CARLOS DANIEL RAMIREZ, 7720 Bellaire Blvd, Apt 12, Houston, TX 77036, and checks personal service by constable.
Nuance. If you do not know the respondent’s address, you can ask for service by publication under Rule 109 after a diligent search affidavit.
Mistake and consequence. Wrong service equals no jurisdiction over the respondent, which means any default order can be set aside later, sometimes years after entry.
Misconception. Filers often think a text message counts as service. Texas requires formal service through a constable, sheriff, private process server, or clerk.
Section 4: Standing and Jurisdiction
What it asks. Why you are allowed to file and why this Texas county is the right place.
How to answer it. Check the box that fits your relationship: parent, person with court-ordered possession, grandparent under § 102.004, or other listed status. State the child has lived in Texas for the last six months.
Example. Janet Williams, a grandmother filing because her daughter is incarcerated, checks grandparent under § 102.004(a)(1) and attaches her standing affidavit.
Nuance. Non-parents must show significant impairment of the child’s well-being if a parent is alive, a high bar set by In re C.J.C., 603 S.W.3d 804 (Tex. 2020).
Mistake and consequence. A non-parent who skips the standing affidavit gets the case dismissed for lack of standing, and the dismissal is on the public record.
Misconception. Standing is not the same as winning. It only gets you in the courthouse door.
Section 5: Children Subject to the Suit
What it asks. Each child’s name, sex, birth date, county and state of birth, and current address.
How to answer it. Write each child’s full legal name, date of birth in MM/DD/YYYY format, and home address. List every child of the relationship, even if you only want orders for one, because the court must address all children together.
Example. Maria lists SOPHIA ELENA LOPEZ-RAMIREZ, Female, 03/14/2019, Harris County, TX, 4501 Main Street, Houston, TX 77002.
Nuance. If a child has lived in more than one state in the last five years, the UCCJEA affidavit must list every address.
Mistake and consequence. Leaving off a child of the relationship triggers an amended petition and a second service round, doubling your costs.
Misconception. Stepchildren do not go on this form unless you have legally adopted them.
Section 6: Protected Information
What it asks. Whether you want Social Security numbers, driver’s license numbers, and addresses kept off the public file.
How to answer it. Check yes and put SSNs and license numbers only on the separate Information on Suit Affecting the Family Relationship form, which is sealed.
Example. Carlos checks the box, writes nothing on the public petition, and fills the sealed VS-165 by hand.
Nuance. Survivors of family violence can request full address confidentiality under Family Code § 105.006(c).
Mistake and consequence. Writing an SSN on the public petition exposes the parties to identity theft and forces the clerk to reject or redact the filing.
Misconception. Filers think the clerk redacts SSNs automatically. The clerk does not edit your filing for you.
Section 7: Conservatorship Requested
What it asks. Who should make decisions for the child: Joint Managing Conservators (JMC), Sole Managing Conservator (SMC), or Possessory Conservator (PC).
How to answer it. Texas presumes JMC is in the child’s best interest under § 153.131. Ask for SMC only if there is family violence, drug use, or long absence by the other parent.
Example. Maria asks for Joint Managing Conservatorship with herself as the parent who decides primary residence.
Nuance. Geographic restriction (limiting where the primary parent can move with the child) is set inside this section. Most courts restrict residence to the county of filing and contiguous counties.
Mistake and consequence. Asking for SMC without evidence often makes the judge see you as combative, which can hurt your possession schedule.
Misconception. Sole custody is not a Texas term. The state uses managing and possessory conservatorship instead.
Section 8: Possession and Access
What it asks. The visitation schedule.
How to answer it. Check Standard Possession Order (SPO) under § 153.252, Expanded SPO, or a possession order in the child’s best interest. The SPO is the default for children age three and older.
Example. Carlos asks for Expanded SPO so he can pick up the child from school on Thursday and return Monday morning.
Nuance. For children under three, the court tailors a step-up schedule that grows as the child ages, under § 153.254.
Mistake and consequence. Writing every other weekend without specifying start and end times leaves the order unenforceable by the Office of the Attorney General.
Misconception. Filers think SPO means 50/50. SPO actually gives the non-primary parent roughly 42 percent of overnights in a typical year.
Section 9: Child Support
What it asks. How much, who pays, and how often.
How to answer it. Apply the Chapter 154 guideline percentages: 20 percent of net resources for one child, 25 percent for two, 30 percent for three, up to a cap on the first $9,200 of monthly net resources.
Example. Carlos earns $4,500 net per month, so guideline support for one child is $900.00 per month paid through the State Disbursement Unit.
Nuance. Self-employed and 1099 parents need a Wage and Hour Affidavit because pay stubs do not exist.
Mistake and consequence. Using gross income instead of net resources inflates the order and triggers an immediate motion to modify.
Misconception. Filers think a verbal deal between parents replaces the order. Only the written court order is enforceable through wage withholding.
Section 10: Medical and Dental Support
What it asks. Who covers the child’s health and dental insurance and how to split uninsured costs.
How to answer it. Pick the parent with reasonable-cost insurance. If neither parent has it, the obligor pays cash medical support of about 9 percent of net resources, per § 154.182.
Example. Maria writes that Carlos will carry medical insurance through his employer, and uncovered costs split 50/50.
Nuance. Children eligible for Medicaid or CHIP through the Texas Health and Human Services program can keep that coverage while a parent also pays cash medical support.
Mistake and consequence. Skipping dental support entirely violates § 154.1815, and the clerk may reject the proposed order.
Misconception. Many parents think medical means health insurance only. Texas treats dental as a separate, mandatory line.
Section 11: Name Change
What it asks. Whether you want the child’s last name changed.
How to answer it. Check yes only if you can show the change is in the child’s best interest, under § 45.004. Write the proposed new name in full.
Example. Janet leaves this blank because no name change is requested.
Nuance. Both parents usually must agree, or the court applies the Bennett v. Northcutt factors.
Mistake and consequence. Filers who check yes without facts get the request denied and may pay the other side’s attorney’s fees.
Misconception. A name change does not change the child’s legal parentage. Only an adoption does that.
Section 12: Family Violence Allegations
What it asks. Whether family violence has happened in the last two years and whether a protective order is in place.
How to answer it. Check yes if true and attach a copy of any protective order. The court must consider violence under § 153.004 when setting conservatorship.
Example. Maria checks yes and attaches a 2024 protective order from County Court at Law No. 5.
Nuance. A credible evidence standard applies, not the higher beyond a reasonable doubt used in criminal cases.
Mistake and consequence. Hiding documented violence to look reasonable can backfire badly when the respondent’s lawyer pulls the record.
Misconception. A dropped criminal case is not the same as no violence; the family court can still consider the underlying facts.
Section 13: Prayer and Signature
What it asks. A formal request that the court grant the relief above and your signature.
How to answer it. Sign in black ink, print your name, and add the date. Pro se filers do not need a notary on the petition itself, but the UCCJEA affidavit must be notarized.
Example. Maria signs above Pro Se Petitioner and dates the line 05/12/2026.
Nuance. Electronic signatures through eFileTexas are accepted statewide.
Mistake and consequence. An unsigned petition is a legal nullity, which means the limitations clock keeps running while the case sits in limbo.
Misconception. Filers think a typed name counts as a signature on a paper filing. Texas requires an actual ink signature on paper or a verified e-signature online.
Section 14: Certificate of Service
What it asks. Whether you served the respondent and how.
How to answer it. Leave blank for the Original Petition, because service happens after filing. Use this section only on later motions.
Example. Aisha, filing an amended petition later, writes served by e-file on 06/02/2026.
Nuance. Original petitions get served through citation, not certificate of service.
Mistake and consequence. Filling in this section on the original petition confuses the clerk and can cause a citation to be issued to the wrong address.
Misconception. Service of the petition is the petitioner’s job, not the court’s.
Three Filled-Out Examples Using Real Scenarios
These three families show how the same form looks for very different facts. Each filer is fictional but typical of real Texas SAPCR cases.
Scenario 1: Maria Lopez, Unmarried Mother Seeking Orders
| Form Section | What Maria Enters |
|---|---|
| County | HARRIS |
| Petitioner | MARIA ELENA LOPEZ, 4501 Main Street, Houston, TX 77002 |
| Respondent | CARLOS DANIEL RAMIREZ, 7720 Bellaire Blvd, Houston, TX 77036, personal service |
| Standing | Parent under § 102.003(a)(1) |
| Child | SOPHIA ELENA LOPEZ-RAMIREZ, F, 03/14/2019, Harris County, TX |
| Conservatorship | Joint Managing Conservators, Maria designates primary residence |
| Possession | Expanded Standard Possession Order |
| Child Support | $900.00/month via State Disbursement Unit |
| Medical | Carlos provides employer insurance |
| Family Violence | No |
Scenario 2: Janet Williams, Grandmother Filing After Daughter’s Incarceration
| Form Section | What Janet Enters |
|---|---|
| County | DALLAS |
| Petitioner | JANET MARIE WILLIAMS, 1208 Live Oak St, Dallas, TX 75202 |
| Respondent | TIFFANY WILLIAMS, TDCJ #1234567, Mountain View Unit, Gatesville, TX, personal service at unit |
| Standing | Grandparent under § 102.004(a)(1), affidavit attached |
| Child | DERRICK J. WILLIAMS, M, 07/22/2017, Dallas County, TX |
| Conservatorship | Sole Managing Conservator to Janet |
| Possession | Mother’s possession at Janet’s discretion until release |
| Child Support | Reserved pending mother’s release |
| Medical | Janet enrolls Derrick in CHIP |
| Family Violence | No but drug history alleged |
Scenario 3: Marcus Bell, Father Establishing Paternity and Visitation
| Form Section | What Marcus Enters |
|---|---|
| County | TRAVIS |
| Petitioner | MARCUS A. BELL, 901 Barton Springs Rd, Austin, TX 78704 |
| Respondent | DESTINY R. HOLT, 4400 Manor Rd, Austin, TX 78723, waiver of service |
| Standing | Alleged father, AOP signed 01/05/2024 |
| Child | AMARI BELL-HOLT, M, 11/02/2023, Travis County, TX |
| Conservatorship | Joint Managing Conservators, Destiny primary |
| Possession | Step-up schedule for child under three |
| Child Support | $520.00/month guideline based on $2,600 net |
| Medical | Marcus carries Blue Cross policy |
| Family Violence | No |
How to File the Completed Form
You can file three ways. E-filing is the most common, through eFileTexas.gov using a free or paid service provider. Filing fees vary by county; expect $300 to $450 plus a $10 to $15 issuance fee per citation. Pay by credit card, debit card, or e-check, and save the envelope number the system emails you as proof of filing.
In-person filing at the district clerk’s office lets you hand the petition, the UCCJEA affidavit, the information sheet, and the proposed citation to the intake clerk. Bring a check, money order, or cash for the filing fee. Ask the clerk to file-stamp a copy for your records; that stamped copy is your proof of filing. Processing usually takes the same day for the cause number and one to three days for citation issuance.
Mail filing still works in most counties. Send the originals plus two copies, a self-addressed stamped envelope, and a check payable to the County District Clerk. Mail processing runs 7 to 14 business days, slower than e-filing. If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs, and the clerk must accept the petition without payment under Rule 145.
What Happens After You File
Within one to three days, the clerk issues a citation and forwards it for service. A constable, sheriff, or private process server hands the citation and a copy of the petition to the respondent. The respondent has until 10:00 a.m. on the Monday after 20 days from service to file an Answer, under Rule 99.
If both parents agree, you can set an uncontested final hearing about 60 days after filing, because Texas requires a 60-day waiting period in most family cases. If the case is contested, the court usually orders temporary orders within four to six weeks to govern conservatorship and support while the case is pending. The Office of the Attorney General may join any case where state child support services are involved.
The final order, called the Order in Suit Affecting the Parent-Child Relationship, is enforceable by contempt, wage withholding, and license suspension. Keep two certified copies because schools, doctors, and the Social Security Administration may ask for them. If something changes later, file a Modification under Chapter 156, not a brand new SAPCR.
Mistakes to Avoid When Filling Out the Form
These errors come up over and over in Texas family courts.
- Filing in the wrong county, which lets the respondent move to transfer the case and adds 60 days.
- Listing only one child when the parents share two, which voids the order on the unlisted child.
- Skipping the UCCJEA affidavit, which lets a judge dismiss for lack of jurisdiction.
- Putting Social Security numbers on the public petition, which exposes the parties to identity theft.
- Asking for sole managing conservatorship without facts, which makes the judge doubt your credibility.
- Using gross income for child support, which inflates the order and invites a quick modification.
- Forgetting dental support, which violates § 154.1815 and gets the proposed order rejected.
- Writing every other weekend without times, which makes the order unenforceable.
- Signing in pencil or blue gel ink that smears, which causes the clerk to refuse the document.
- Failing to file a Statement of Inability when broke, which gets the case held for non-payment.
- Using an old form revision, which the clerk may reject if the version pre-dates 9/2023.
- Omitting the geographic restriction, which lets the primary parent move the child far away.
Do’s and Don’ts
Do:
- Do read the local standing order the day you file, because it controls your behavior immediately.
- Do keep a stamped copy of every document, since the clerk will not reprint lost filings for free.
- Do use full legal names everywhere, because nicknames cause mismatches across agencies.
- Do verify the form revision date is 9/2023 or later before you sign.
- Do request a fee waiver under Rule 145 if your income is below 125 percent of the federal poverty line.
- Do save the eFileTexas envelope number, which is your only proof of timely filing.
Don’t:
- Don’t text the petition to the other parent; texting is not service.
- Don’t guess Social Security numbers; wrong numbers cause OAG enforcement to fail.
- Don’t use white-out; the clerk treats it as tampering.
- Don’t ask for relief the petition does not mention; the judge cannot grant what you did not plead.
- Don’t miss the 60-day waiting period; finalizing earlier voids the order.
- Don’t sign the UCCJEA affidavit without a notary; an unnotarized affidavit is treated as no affidavit.
Pros and Cons of Filing on Your Own vs. With Help
Filing pro se saves money but adds risk. Hiring a lawyer or using the OAG adds cost or wait time but reduces error.
Pros of filing pro se:
- You save $2,000 to $5,000 in attorney fees.
- You control the pace of the case.
- You keep your facts private from third parties.
- TexasLawHelp’s guided forms reduce the paperwork burden.
- You learn the system, which helps if you ever modify the order.
Cons of filing pro se:
- Procedural mistakes can void parts of the order.
- You cannot give yourself legal advice on close calls.
- Judges hold pro se filers to the same rules as lawyers, under Mansfield State Bank v. Cohn, 573 S.W.2d 181.
- Discovery and evidence rules are hard without training.
- Emotional cases get harder when you must argue them yourself.
SAPCR vs. Modification at a Glance
| SAPCR (Original Suit) | Modification (Chapter 156) |
|---|---|
| No prior final order on the child | A final order already exists |
| Filed under Chapter 102 | Filed under Chapter 156 |
| Sets first conservatorship and support | Changes existing conservatorship or support |
| 60-day minimum to finalize | No 60-day rule, but material and substantial change required |
| Form FM-SAPCR-100 | Form FM-Mod-100 |
FAQs
Do I file a SAPCR if I am still married to the other parent?
No. If you are married, file for divorce under Chapter 6; the divorce includes the parent-child issues automatically.
Can a grandparent file a SAPCR in Texas?
Yes. Grandparents have standing under § 102.004 when they show significant impairment of the child or both parents consent.
Is the filing fee the same in every Texas county?
No. Fees vary, generally $300 to $450, plus $10 to $15 per citation; check your local district clerk’s fee schedule before filing.
Do I write my child’s full middle name on Section 5?
Yes. Use the full legal name on the birth certificate so school and SSA records match the final order.
Does my partner’s nickname go in the respondent’s name box?
No. Use the full legal name on the respondent’s driver’s license; nicknames create service and enforcement problems.
Can I file a SAPCR if my child just moved to Texas last month?
No. Texas usually needs to be the home state for six months under Chapter 152 before a court will take the case.
Do I have to use the Standard Possession Order?
No. You can ask for a custom schedule, but the SPO is presumed in the child’s best interest for kids age three and up.
Is sole managing conservatorship the same as sole custody?
No. Texas does not use sole custody; SMC means one parent makes most decisions, but the other parent usually still has visitation.
Do both parents need lawyers?
No. Either or both can file pro se, but a lawyer helps when family violence, complex assets, or interstate moves are involved.
Can I leave the child support box blank if we agree on no support?
No. Texas requires the order to address support; you can ask for zero guideline support with reasons, but the box cannot be blank.
Do I need a notary for the petition itself?
No. Only the UCCJEA affidavit and the Statement of Inability need notarization; the petition needs only your signature.
Can I e-file without a credit card?
Yes. eFileTexas accepts e-checks, and a Rule 145 fee-waiver filer pays nothing.
Does filing a SAPCR stop the other parent from moving the child out of Texas?
Yes. Most county standing orders freeze relocations once the case opens, and a temporary order can add a written geographic restriction.
Do I list my SSN on the public petition?
No. SSNs go only on the sealed VS-165 information form, never on the public petition.
Related reading
- How to Fill Out the Texas Application for Protective Order (w/ Examples) + FAQs
- How to Fill Out Texas Final Decree of Divorce (w/Examples) + FAQs
- How to Fill Out Texas Original Petition for Divorce (w/Examples) + FAQs
- How to Fill Out Texas Original Petition for Divorce (With Children) + FAQs
- How to Fill Out Texas Petition to Modify the Parent-Child Relationship + FAQs
- How to Fill Out Michigan Form FD 13 (w/Examples) + FAQs
- How to Fill Out California Form FL-120 (w/Examples) + FAQs