Texas Family Code and Modification of an SAPCR

Understanding SAPCR Modifications in Texas

Circumstances often arise that require changes to court orders involving child support, conservatorship, or possession and access. These changes are legally addressed by modifying a Suit Affecting the Parent-Child Relationship (SAPCR). The Texas Family Code, Title 5, Subtitle B, Chapter 156, outlines the conditions and procedures for SAPCR modifications.

Who Can File a Petition to Modify an SAPCR?

The following parties may file for an SAPCR modification:

• Affected parties named in the original order.
• Individuals or entities with standing to sue under Texas Family Code Chapter 102 at the time the original SAPCR was filed.
• A sibling separated from the child due to actions of the Department of Family and Protective Services (DFPS).

The petition must be filed in the court with continuing exclusive jurisdiction (i.e., the court where the original SAPCR case was heard).

Notification Requirements

All parties whose rights or duties may be affected by the modification must receive notice via service of citation, as per Texas Family Code § 156.003.

When Temporary Orders Can Be Issued

Temporary orders during the modification process are granted only when they serve the child’s best interests and meet one of the following conditions:

1. The child’s physical health or emotional development is at risk without the order.
2. The custodial parent has voluntarily relinquished primary care and possession of the child for over six months.
3. A child aged 12 or older expresses a preference in court (in accordance with Texas Family Code § 153.009) about who should have the right to determine their primary residence.

Grounds for Modifying SAPCR Orders

A court may modify an SAPCR order if it determines the change is in the child’s best interest and one of the following applies:

• Material and Substantial Change in Circumstances: There has been a significant change in the circumstances of the child, conservator, or another affected party since the original order or mediated settlement.
• Child’s Preference: A child aged 12 or older has expressed a preference regarding their primary residence.
• Voluntary Relinquishment: The custodial parent voluntarily relinquished primary care and possession of the child for over six months.

Filing for Modification Within One Year of the Final Order

If a modification request is filed within one year of the final order, additional requirements apply. The petitioner must submit an affidavit alleging one of the following:

1. The child’s physical health or emotional development is endangered in their current environment.
2. The custodial parent agrees to or seeks the modification, and it serves the child’s best interests.
3. The custodial parent has voluntarily relinquished primary care and possession of the child for over six months.

If the affidavit lacks sufficient facts, the court may deny a hearing on the modification.

Additional Grounds for Modification

1. Relocation of a Conservator:
   If a conservator’s relocation increases travel costs, the court presumes the relocating party should bear the additional expenses.
2. Criminal Convictions:
   • Convictions or deferred adjudications for child abuse, including sexual abuse, constitute a material and substantial change in circumstances.
   • Acts of family violence by a conservator are also grounds for modification under Texas Family Code §§ 156.104 and 156.1045.

Key Considerations

• Best Interest of the Child: The child’s well-being is the primary concern in SAPCR modifications.
• Court’s Continuing Jurisdiction: Modifications must be filed with the same court that issued the original order.
• Legal Support: An experienced family law attorney can navigate the complexities of SAPCR modifications to ensure the best possible outcome.