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EspañolStep 2: File and serve the petition
The legal paperwork that starts a conservatorship (custody) case is called a petition for a Suit Affecting the Parent-Child Relationship, or “SAPCR” for short. You will usually file your SAPCR petition in the court’s family division in the county where your child lives. The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.
| If you and the other parent are… | Then you can usually file for conservatorship (custody) in… |
|---|---|
| married and getting divorced | the divorce case. |
| married but not divorcing | a separate SAPCR case. |
| not married | a separate SAPCR case, but if you and the other parent haven’t signed an Acknowledgment of Paternity, you might need to file a paternity case first. |
Sometimes, non-parents can also file for conservatorship (custody) or possession and access (visitation). To find out about filing as a non-parent, go to Who can get conservatorship (custody) or talk to a lawyer.
The custody petition forms you need will be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our Texas Courthouse Locations, Download Court Forms, and Finding a Lawyer pages to find your county’s court, the forms, and local lawyers.
Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary custody order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order, also called a family violence protective order and get temporary custody as part of the protective order.
After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state.
