Custody Cases, Divorce

How to File for Child Custody in Texas, and How It’s Different From Child Support

Mother and child sharing a moment on a park bench, illustrating the parent-child bond at the center of Texas child custody cases

Trying to figure out how to file for child custody in Texas can feel like running into a brick wall of legal jargon and confusing forms. SAPCR. Conservatorship. Possession order. Service of process. None of these words show up in everyday life, but suddenly your future with your child depends on knowing what they mean. To make it harder, most parents start out by mixing up two different things: filing for custody and filing for child support. Those are separate cases with separate forms, and figuring out which one you actually need is the very first step.

You’re not alone, and you’re not behind. At McCarty-Larson, PLLC, we walk parents through this exact process all the time. Bria Larson leads our family law team and has helped parents across Ellis County, Johnson County, Tarrant County, and Dallas County file custody cases the right way the first time. This guide breaks down the process in plain language, explains the difference between custody and child support, and walks you through what to expect step by step.

When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.

Learn More

Quick Answer: To file for child custody in Texas, you file a Suit Affecting the Parent-Child Relationship (SAPCR) in the county where your child lives. This is a different case from a child support filing, though both can be combined. The process takes several months and follows specific steps including filing, service, response, mediation, and a final order.

Custody Is Not the Same as Child Support

Most people use “custody” and “child support” as if they mean the same thing. They don’t. These are two completely separate legal proceedings under Texas law, and you may need one, the other, or both.

  • Custody decides where your child lives and who makes the big decisions about their life. Texas calls this “conservatorship.”
  • Child support decides how much money each parent contributes financially to raising the child.

You can have a custody case without a support case, and you can have a support case without a custody case. However, most parents file them together because both questions usually come up at the same time. If you’re trying to figure out whether you need to file for support specifically, our guide on how to file for child support in Texas covers that side of the process.

What Is a SAPCR and Why You Need One

Texas calls the document that starts a custody case a Suit Affecting the Parent-Child Relationship, or SAPCR (often pronounced “sap-sir”). The SAPCR is the petition that asks the court to issue an order on custody, visitation, child support, and medical support.

You can file a SAPCR on its own, or as part of a divorce case if you’re married to the other parent. Either way, the SAPCR is the document that gets the legal process moving. Under Texas Family Code Chapter 102, any parent (or in some cases, a grandparent or other relative) can file a SAPCR when no existing court order applies to the child.

Step-by-Step: How to File for Child Custody in Texas

Filing a SAPCR isn’t complicated, but each step matters. Skipping or rushing one of them can cause your case to get dismissed or delayed for months.

  1. File the petition. Take the SAPCR petition to the district clerk’s office in the county where your child lives. For McCarty-Larson clients, that means the Ellis, Johnson, Tarrant, or Dallas County district clerk.
  2. Pay the filing fee. Filing fees vary by county but generally run a few hundred dollars. If you cannot afford the fee, you can file a Statement of Inability to Afford Payment to request a waiver.
  3. Serve the other parent. You must formally notify the other parent through “service of process.” A constable, sheriff, or private process server handles this. You cannot serve the other parent yourself.
  4. Wait for the response. The other parent has until the Monday following the 20th day after being served to file an answer. If they don’t respond, you can move forward with a default order.
  5. Attend mediation. Most Texas counties require mediation before a custody case goes to trial. Mediation gives both parents a chance to reach an agreement with the help of a neutral third party. Many cases settle here.
  6. Go to the final hearing. If mediation doesn’t work, the case proceeds to a final hearing where a judge issues the custody order based on what’s in the best interest of the child.

Our Texas child custody lawyers handle every step of this process for parents who don’t want to navigate it alone.

Unmarried Fathers Have an Extra Step

If you’re an unmarried father trying to file for custody in Texas, there’s a critical step before the SAPCR even matters. You have to establish legal paternity first. Without paternity, you have no legal right to file for custody at all.

You can establish paternity two ways:

  • Acknowledgment of Paternity (AOP). Both parents sign this form, often at the hospital after the child is born. Once signed and filed, it gives the father the same legal standing as a married father.
  • Court-ordered DNA test. If the mother disputes paternity or refuses to sign an AOP, the father can file a paternity suit and ask the court to order DNA testing.

Once you establish paternity, you can file a SAPCR like any other parent.

How Long Does It Take and What Does It Cost?

Most uncontested Texas custody cases wrap up within three to six months. When parents cannot agree on terms, the case often runs six to twelve months or longer. Highly contentious cases involving custody evaluations, witnesses, or appeals can stretch to two years.

Filing fees vary by county but typically land between $300 and $400. Attorney fees depend on the complexity of the case and whether it stays uncontested or goes to mediation or trial. McCarty-Larson offers free initial consultations to talk through your situation and explain what a case like yours typically costs.

How McCarty-Larson Can Help

Bria Larson and our family law team have walked parents through every type of custody case in Texas. Whether you’re filing a clean uncontested SAPCR or facing a high-conflict custody battle, we know how the courts in Ellis, Johnson, Tarrant, and Dallas counties handle these cases.

  • We prepare and file your SAPCR correctly the first time
  • We handle service of process and respond to filings from the other parent
  • We represent you in mediation and at the final hearing
  • We help unmarried fathers establish paternity before filing
  • We coordinate custody and child support filings when both are needed
  • We offer free, confidential consultations to talk through your case, no pressure

Filing for custody is one of the most important legal steps you’ll ever take as a parent. Getting it right matters for your child’s future and your relationship with them.

Call McCarty-Larson, PLLC at (972) 775-2100 for a free, confidential consultation, or reach out through our contact page. We’ll listen to what’s going on, walk you through your options in plain language, and help you figure out the right next step. Whether you’re in Burleson, Midlothian, Arlington, or anywhere else in our service area, our Texas family law attorneys are ready to stand by you every step of the way.

Frequently Asked Questions

You file the SAPCR petition with the district clerk in the county where your child currently lives. If your child has lived there for at least six months, that county’s court has jurisdiction over your case.
Yes. A SAPCR can stand alone as its own case, separate from any divorce. This is common for unmarried parents or for married parents who don’t want to file for divorce but need a custody order.
Filing fees vary by county but generally range from $300 to $400. If you cannot afford the fee, you can file a Statement of Inability to Afford Payment to request a waiver from the court.
If the other parent fails to file an answer within the required time (the Monday after the 20th day from being served), you can request a default order from the court that grants your requested custody terms.
In most Texas counties, yes. Mediation is typically required before a custody case can proceed to a final hearing. Many custody cases resolve in mediation, which can save months of court time.
Yes, and most parents do. The SAPCR is designed to address custody, visitation, child support, and medical support all in the same case. You don’t need to file them separately.
Call Now Text Now