#sapcr

[beausinclair]

Family Law Cases Involving Children Whose Parents Were Not Married to Each Other

A growing area of family law is cases involving children whose parents were never married to each other.  In part, this growth has been driven by the destruction of the American family … divorce, children born out of wedlock, drug abuse causing the inability of parents to care for their children and worse.  These cases are cases in which the parent, or occasionally somebody else, seeks to establish and identify the legal rights of each parent to their child(ren).. In Texas, if a child’s parents are not married, there is a certain set of rights for each parent that is set out in the law.  Big picture, parents have identical rights and one parent can remove their child from the possession of anyone in the world, except the other parent. No one else has any rights to possession of their child. If the child’s parents are living together happily, this can work with only some inconveniences, such as conversations with daycares and schools.  However, if the child’s parents are not living together and not getting along, this can become a mess.  The child is essentially subjected to “tug-of-war” parenting.  “Tug-of-war” parenting is never good for kids. In situations like this, it is possible to go to Court and get specific rights, periods of possession, and child support issues outlined.  In Texas the law suit used is called a Suit Affecting the Parent-Child Relationship (SAPCR).  It is my experience that though divorce is bad for kids; SAPCRs are even worse.  The law is less developed in this area and the parents often have less history of commitment.   The first thing to know about a SAPCR is that not anyone can file such a lawsuit.  Most of these lawsuits are filed by the parents, followed closely by the Texas Attorney General filings (to insure child support is being handled).  Other filers, permitted by law are grandparents or another relative of the child; however, only if there is a significant problem with the parents, for example drug abuse, mental illness, or criminal behavior.   When Child Protective Services removes a child from the parents the agency files a SAPCR to get into a courtroom. Sometimes the initial area of conflict is selecting the correct Texas county in which to file the lawsuit.  The lawsuit should be filed in the county in which the child lives.  However, if the parents live in two different counties, the child is deemed to reside in the county in which the parent in possession at the time of the filing lives.  It doesn’t matter where the child has spent the majority of time, or where the child goes to school, or how much time the filing parent has actually had possession of the child.   This can create a huge problem. Frequently, the first time this type of case comes to Court is when the Attorney General’s Office seeks to establish child support.  Usually, this is because one parent has asked the AG’s office for help … but not always.  If the child receives any type of government assistance, such as subsidized daycare, or Medicaid, the AG will eventually get around to filing a SAPCR.   If you become involved in a SAPCR, seek the advice of an attorney right away.    It can be a costly error to not seek legal counsel at the beginning of this type of suit.  Additionally, there can be negative legal consequences to you, and your child, connected to what happens in the initial suit.  Often “undoing” what happened in the first suit is an extremely difficult and lengthy process. Never let anyone talk you out of speaking to a lawyer, or tell you that you do not need an attorney.  Furthermore, you should never sign any agreement regarding your child without having your own attorney review the paperwork.  Keep in mind, representatives of the Attorney General’s office, or employees of CPS, are not representing your interests.   Not only is it wise to have a lawyer, your child is depending on you to make sure you know what you are doing as you decide what is in that child’s (your child’s) best interest.    

Beau [email protected] www.sinclairlawtyler.com