A suit affecting the parent-child relationship, commonly referred to as a SAPCR in Texas, is a legal action brought before a court to establish or modify the legal rights and responsibilities of parents to their children. These actions can include but are not limited to:
- Establishing paternity
- Establishing child support
- Modifying child support
- Establishing or modifying conservatorship (custody) and possession (visitation) of a child
- Terminating the parent-child relationship
When parents are unable to reach an agreement on these matters, a court may need to step in to make a decision. However, it’s important to note that Texas law encourages parents to come to an agreement on their own before going to court. In fact, Texas courts require that parents attend a parenting class and participate in mediation before a SAPCR can be filed.
One of the most important aspects of a SAPCR is the determination of conservatorship, which refers to the legal rights and responsibilities of a parent. In Texas, there are two types of conservatorship: sole and joint. Sole conservatorship grants one parent the right to make decisions about the child’s health, education, and welfare, while the other parent may still have the right to access information about the child and to have possession of the child. Joint conservatorship, on the other hand, grants both parents the right to make decisions about the child and to have possession of the child.
When determining conservatorship, Texas courts will consider what is in the best interest of the child. Factors that the court may consider include:
- The child’s physical and emotional needs
- The child’s age and developmental stage
- The child’s relationship with each parent
- The ability of each parent to provide for the child’s physical and emotional needs
- Any history of abuse or neglect by either parent
In addition to conservatorship, a SAPCR also addresses the issue of possession and access, which refers to the time the child will spend with each parent. Texas law provides a standard possession order, which outlines the schedule for possession and access for each parent. However, this schedule can be modified based on the specific needs of the child and the parents.
Child support is also an important aspect of a SAPCR. Texas law sets guidelines for child support that take into account the income of both parents and the number of children. The court may deviate from the guidelines if there are special circumstances that make the guidelines unjust or inappropriate.
In some cases, a parent may seek to terminate their parent-child relationship. This can happen when a parent is unable or unwilling to meet their responsibilities to their child, such as providing support or protecting the child from harm. Termination of the parent-child relationship is a serious matter and is only granted in extreme cases.
In conclusion, a suit affecting the parent-child relationship in Texas is a legal action brought before a court to establish or modify the legal rights and responsibilities of parents to their children. This can include determining conservatorship, possession and access, child support, and in some cases, terminating the parent-child relationship. Texas law encourages parents to come to an agreement on their own before going to court and the court’s primary concern is always the best interest of the child.