What Is A SAPCR?
Frequently you will encounter the acronym SAPCR on this site and other materials concerning family law in The Woodlands or Montgomery County or Harris County. SAPCR stands for “Suit Affecting the Parent Child Relationship.”
What kinds of lawsuits are categorized as SAPCR in the Conroe Divorce Court and Houston Divorce Court?
A lawsuit is classified as an SAPCR based on the relief or result either party is trying to obtain. If you or the other party is suing to accomplish any of the following results then the lawsuit will be treated as an SAPCR: (1) appointment of a managing conservator, (2) appointment of a possessory conservator, (3) access to a child, (4) support of a child, (5) establishment of the parent-child relationship, or (6) termination of the parent-child relationship.
Who Can File an SAPCR?
Not everyone can file a lawsuit affecting the parent-child relationship. If you do not meet the legal requirements your case is subject to dismissal. The following parties can file a suit affecting the parent-child relationship at any time:
- a parent of the child;
- the child, through a representative authorized by the court;
- a custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country;
- a guardian of the person or of the estate of the child;
- a governmental entity;
- an authorized agency;
- a licensed child-placing agency;
- a man alleging himself to be the father of the child filing in accordance with Family Code chapter 160 (subject to the limitations of that chapter);
- a person, other than a foster parent, who has had actual care, control, and possession
of the child for at least six months ending not more than ninety days preceding the date of the filing of the petition;
- a person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Family Code chapter 161 or to whom consent to adoption has been given in writing under Family Code chapter 162;
- . a person with whom the child and the child’s guardian, managing conservator, or parent have resided for at least six months ending not more than ninety days preceding the date of the filing of the petition if the child’s guardian, managing conservator, or parent is deceased at the time of the filing of the petition;
- . a person who is the foster parent of a child placed by the Department of Family and Protective Services in the person’s home for a period of at least twelve months ending not more than ninety days preceding the date of the filing of the petition;
- . a person who is a relative of the child within the third degree by consanguinity, as determined by chapter 573 of the Government Code if the child’s parents are deceased at the time of the filing of the petition; or
- . a person who has been named as a prospective adoptive parent of a child by a pregnant woman or the parent of the child, in a verified written statement to confer standing executed under Family Code section 102.0035, regardless of whether the child has been born.
If you are not included in this list then there may be an opportunity to be involved in a pending SAPCR filed by someone else, but you will not be allowed to file a valid SAPCR yourself. Speak with a Conroe Divorce Lawyer today if you need help resolving or enforcing your child custody, visitation, or support issues.
The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a Conroe Divorce Attorney today.