How to Apply for Custody of Minor Children Pro Se in the State of Texas
"Pro se" is a legal term that means that the person will go through the legal proceedings without the help of a lawyer or legal representation. The state of Texas allows pro se custody hearings for those who are confident representing themselves. If you petition for custody of minor children, a Texas family court will hold a custody hearing where you can explain why you should have custody to a judge, who then makes a decision.
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Instructions
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Fill out the Suit Affecting the Parent-Child Relationship (SAPCR) paperwork about the minor children in question.
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File the SAPCR form at the Texas county clerk’s office of the family court that has jurisdiction over the case, which is usually the county the child lives in or the county that previously heard the custody case. Pay any filing fees associated with the petition.
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Serve the other parent or the person who has custody of the children with notice of the SAPCR petition using a process server or by hand delivering the notice.
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Show up to the Texas family court that holds the proceedings on time and dressed professionally. Bring original or certified copies of any supporting documents that apply to the case, such as correspondence or medical reports. Bring proof that you notified the other parties of the petition hearing.
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Explain your reasoning for applying for custody of the minor children when the family court judge asks for it. Maintain a calm and professional demeanor while you make your argument. Provide the court with your supporting documents for review. Abide by the custody order the judge gives you to avoid court contempt charges.
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Tips & Warnings
Pro se custody filing is for those who have a firm grasp of Texas custody laws and feel comfortable presenting their side of the case. If you would like legal representation in your custody matter but cannot afford it, consider contacting Texas Legal Aid for help.
Parents who have lost parental rights to the state or those currently undergoing divorce proceedings cannot file a SAPCR petition. Texas divorcing parties will have custody determined during the divorce proceedings. Parents whose children are wards of the state must go through the Texas Department of Children Services.
