Tuesday, October 25, 2016

Suit Affecting Parent Child Relationship: Who Needs One and Why?

Originally published by Evan Hochschild.

When two people who have not been married have a child, the lawsuit that is filed in court to determine custody, duties, rights and visitation (among other things) for a child is called a Suit Affecting Parent Child Relationship (SAPCR). In most instances the process begins with a request to adjudicate the parentage of the child and father. A SAPCR operates similar to that of a divorce except only the circumstances of the child(ren) are taken into consideration.

What exactly may be taken into possession?

The following are subjects that are typical in a SAPCR:

  1. health insurance/child support and who will pay it
  2. geographic restriction- will the child(ren) be limited to living in a particular city, county or set of counties?
  3. visitation– where and how often
  4. possession of the child(ren) and who gets to pick where they live
  5. rights and duties of both parents regarding medical, educational or other important decisions

Modifying The Court Order

Once the parties to a SAPCR either come to an agreement on final orders or a court rules on a case, parties must abide by the order until a modification is sought. In order to modify a SAPCR, one party must file in the court of continuing jurisdiction.

To close out this post it is important to point out that not only parents can file a SAPCR. Grandparents, uncles, aunts, sisters, etc. may file as well if they’ve had actual care and control of the child for six months prior to the SAPCR having been filed. For instance, if one or both parents are deceased, a caregiving family member may file a SAPCR in order to have the rights and duties discussed above conferred upon them.

The attorneys with the Law Office of Bryan Fagan are experienced in assisting clients who are a party to a Suit Affecting Parent Child Relationship. Please contact us today with any questions for the opportunity to meet with one of our attorneys free of charge.

Law Office of Bryan Fagan | Spring, Texas Family Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding terminating parential rights, it’s important to speak with one of our Spring Family Lawyers right away to protect your rights.

Our Family lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Family cases in Spring, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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