What Are My Next Steps After My Father Took My Children and Filed a SAPCR Petition in Texas?

Attorney Answer

This is an emergency-level custody situation, and the fact that your father has already filed a SAPCR petition means the fastest way to get your children back and protect your parental rights is to get in front of a judge, not to try to resolve this directly with him.

Under Texas Family Code Chapter 102, most original custody suits, called SAPCRs, are filed by parents, but a grandparent or other close relative can file one in limited situations, generally with a parent's consent or by showing the court that the child's current living situation would significantly harm the child's physical health or emotional development. As the children's mother, you have an independent right to respond to this petition and to ask the court for your own orders, including temporary orders for custody and possession while the case is pending.

What your father did, unenrolling your children from school and hiding their location without your knowledge or consent, is serious. Texas Penal Code § 25.03 makes interference with child custody a crime in certain situations, such as keeping a child in violation of a custody order, or certain conduct while a custody case is pending. Whether it applies to your facts is a question for the police and your attorney, so report the concealment to local police and raise it in the custody case as well.

The pending family violence charge matters too. Texas Family Code § 153.004 requires a court deciding conservatorship and possession to consider evidence of a history of family violence, and if you were the one victimized, that context needs to reach the judge clearly, ideally through an attorney who can present it and counter your father's framing of it.

What to do now

1. File a written answer to the SAPCR petition by the deadline on the citation you were served, generally the Monday after 20 days from service, so you don't lose your chance to be heard. 2. Ask the court for emergency temporary orders and, if appropriate, a temporary restraining order addressing where the children live and who has access to them. 3. Contact local police about the interference with custody and the concealment of the children's location. 4. Gather documentation of the family violence you experienced, including any police reports, medical records, or protective order paperwork. 5. Contact the children's school district directly to correct the enrollment and flag that any future changes need your consent. 6. Hire a Texas family law attorney immediately. Many offer emergency consultations for situations like this.

This is general legal information, not legal advice about your case. A Texas family law attorney can move quickly to file the right emergency motions and protect your rights as their mother.