Calari Legal
Texas Child Custody Without a Lawyer: A Step-by-Step SAPCR Guide
In Texas, a custody case is called a Suit Affecting the Parent-Child Relationship (SAPCR). Texas law uses the word "conservatorship" for custody rights and "possession and access" for visitation. This guide explains the basics and the filing steps for a self-represented (pro se) parent.
Key Texas custody terms
- Joint Managing Conservators (JMC): both parents share rights and duties. Texas presumes this is in the child's best interest (Tex. Fam. Code § 153.131). JMC is about decision-making; it does not automatically mean a 50/50 schedule.
- Sole Managing Conservator (SMC): one parent holds most decision-making rights. The JMC presumption does not apply where there is a history of family violence (§ 153.131(b), § 153.004).
- Standard Possession Order (SPO): the default visitation schedule set out in Chapter 153, Subchapter F, which the court presumes is in the child's best interest.
- Child support: guideline support is 20% of the paying parent's net resources for 1 child, 25% for 2, 30% for 3, 35% for 4, and 40% for 5 or more, up to the statutory cap (§ 154.125). Lower percentages apply if the parent supports children in another household (§ 154.129).
Where to file
Texas courts generally have custody jurisdiction when Texas is the child's "home state", meaning the child lived in Texas for the six months before the case is filed (Tex. Fam. Code § 152.201). An original SAPCR is usually filed in the county where the child lives (§ 103.001). If the child recently moved, or another state has issued orders, talk to a lawyer before filing.
Step by step
Confirm Texas and the right county
Check the six-month home-state rule and file in the child's county of residence.
Gather your information
You'll need the children's names and birth dates, both parents' addresses, current income information, and any existing court orders.
Prepare your petition
Draft an Original Petition in Suit Affecting the Parent-Child Relationship that asks for the conservatorship, possession schedule, and support you want.
Prepare filing paperwork
Ask the clerk which cover sheets and local forms they require. If you can't afford filing fees, you can file a Statement of Inability to Afford Payment of Court Costs (Tex. R. Civ. P. 145).
File with the district clerk
Self-represented litigants can e-file through eFileTexas.gov or file in person at the clerk's office.
Serve the other parent
The other parent must be formally served by a sheriff, constable, or certified process server, unless they sign a waiver of service (Tex. Fam. Code § 102.0091).
Watch the answer deadline
A served respondent generally must answer by 10:00 a.m. on the Monday after 20 days have passed since service (Tex. R. Civ. P. 99(b)).
Finish with an order
Attend the hearing or submit an agreed order signed by both parents and the judge. Check whether your county requires a parenting class or mediation first.
Frequently asked questions
Does joint managing conservatorship mean 50/50 custody?
No. JMC describes shared parental rights and duties. The possession schedule is decided separately; the Standard Possession Order is the default unless the parents agree or the court orders something else.
Do I need a lawyer to file for custody in Texas?
No. Texas allows people to represent themselves. Cases involving family violence, another state, or a contested trial can be complicated, and free help may be available from legal aid organizations and TexasLawHelp.org.
Is there a waiting period for a custody case?
Texas's 60-day waiting period applies to divorce (§ 6.702). A custody-only SAPCR has no equivalent waiting period, but you still have to serve the other parent and wait for the answer deadline.
Related guides
- How to File for Divorce in Texas Without a Lawyer
- Enforcing a Texas Custody or Child Support Order
- How to Waive Texas Court Filing Fees Under TRCP Rule 145
- Find your Texas county
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Last reviewed 2026-10-27. Laws change. Confirm current rules with the court clerk or an attorney.