Divorce vs. Custody in Texas: Do You Get a New Case Number?

Family law in Texas can feel complicated, and one of the questions we hear often is: “If I already have a custody case with my spouse, and later I decide to file for divorce, will that divorce use the same case number, or will it start fresh with a new one?”

It’s a great question, and the answer isn’t always easy to find online. Let’s walk through it together.

What is a SAPCR?

In Texas, a custody or child support case is called a SAPCR—short for Suit Affecting the Parent–Child Relationship. This is the court case that sets out who has custody, how visitation works, and what child support will look like.

A SAPCR can exist on its own in two different situations:

• Parents are married but not ready (or don’t want) to divorce.

• Parents were never married.

That means you can have a custody order in place even if you’re still legally married.

Divorce and Custody Go Hand in Hand

If you ever file for divorce and you have children, the law requires that custody and child support be included in that divorce. In other words, you can’t finalize a divorce without also addressing the SAPCR.

So when divorce is filed, the custody piece is brought into that same case.

Do You Keep the Same Case Number?

If you already had a SAPCR with your spouse, and later you file for divorce, the divorce will be given a brand-new case number.

The old SAPCR doesn’t go away, but it will be combined into the divorce case so everything—custody, visitation, child support, and property division—is under one roof. From then on, any changes to custody or support will happen under the divorce case number.

Why This Matters

Understanding this helps avoid a lot of stress and paperwork confusion:

• You may see both the old SAPCR number and the new divorce number in your records.

• After the divorce, the new divorce number is the one that matters going forward.

• Knowing this ahead of time can save you time, money, and frustration if you need to modify or enforce orders in the future.

The Takeaway

If you only have a SAPCR right now but decide to divorce later, the divorce will open a new case number. The custody case gets folded into it, and everything moves forward under that new number.

It may sound complicated, but this is a very common situation. With the right guidance, you don’t have to worry about the technical details—you can focus on your kids and your future.

At Sims & Purzer, we help families every day with exactly these kinds of questions. If you’re thinking about divorce, or if you’re unsure how your custody order will play into it, the best first step is a consultation. During that meeting, Attorney Sonja Sims will review your situation, answer your questions, and give you a clear plan for moving forward.

Reach out today to schedule your consultation. You don’t have to figure this out on your own—we’re here to help.