What is a Suit Affecting Parent-Child Relationship?
A Suit Affecting Parent-Child Relationship is a lawsuit filed in court that lays out the custody, visitations, child support, responsibilities, rights, and provisions for the parties involved. This order is to protect both parents and the child(ren) involved and establish their rights. When two parents are married, these orders are in the divorce decree, however, if the parents were never married, this order is what will be required. Without a Suit Affecting Parent-Child Relationship, there is nothing ordering the parents to do what is needed or stopping the parents from taking an action the other party is not in agreement with.
What Does a SAPCR Establish?
A Suit Affecting Parent-Child Relationship (SAPCR) will determine the type of custody, sole or joint-managing, and will typically establish one party as the primary and the other as the non-custodial parent. In Texas, generally parents receive joint-managing conservatorship where they jointly have the right to make decisions of the child’s upbringing. The SAPCR order will lay out what is and isn’t allowed. For instance, this can protect the non-custodial parent if the primary conservator wants to move away from the geographical area listed in the order. The custodial parent cannot just “up and leave” because it’s what they want to do. The non-primary conservator has rights and if they are not in agreement with the relocation, by law, the primary conservator cannot relocate without legal permission, ie: a modification to the original order. But without an order, there is no order to enforce, therefore either parent is legally allowed to move away with the child.
Child Support
The SAPCR will define the child support obligation for the non-managing conservator. More information on child support and how child support is calculated can be found in other blogs on our website. The order will state how much child support is to be paid and when, as well as who is responsible for keeping the child(ren) covered under health insurance and who is responsible for paying that insurance. This will also determine any other financial responsibilities the parties agree to.
Geographical Location
This order will state the location where the child must reside and how far the primary conservator is allowed to move with the child. It will also determine who has the right to make decisions when it comes to the child’s school, religion, and medical treatment.
Visitation
A SAPCR will lay out the visitations for the non-primary conservator, directly stating when they have access to the child, for how long, and who is responsible for pick-up/drop off and where. This will determine who has the child(ren) for which holidays, summer, spring break, winter holidays, etc. It will also state if visitations need to be supervised, if this is an something the court deems necessary.
Mediation
When filing for a Suit Affecting Parent Child Relationship, it can be very beneficial for the agreement be made in mediation. While the court, which serves in the best interest of the child, can only order what the law permits, in mediation the parents have more say so or can go deeper with their agreement. For instance, the law states that child support is to be paid until the child turns 18 or graduates from high school-whichever comes last. But if both parents agree, they add to the orders that child support will continue while the child is in college. While the judge cannot order for child support to be paid through college, it can be enforced if both parents decide to put that provision into the SAPCR.
The state of Texas is focused on the best interest of the child, and if one parent is in violation of the parenting agreement, the other parent has the right to petition the court to enforce these orders. Violation of these orders could result in sanctions, court costs, and other reprimands.
If you need to establish a Suit Affecting Parent Child Relationship, need to modify an existing order, or need help enforcing the order, The Law Office of Chad Zubi, PLLC offers free consultations and we’re here to help you. Book your consultation here or call our office directly at 832-777-8924 to speak with an experienced family law attorney.
