Tex. Fam. Code § 102.009 · Chapter 102. FILING SUIT
SERVICE OF CITATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), the following are entitled to service of citation on the filing of a petition in an original suit:
(1) a managing conservator;
(2) a possessory conservator;
(3) a person having possession of or access to the child under an order;
(4) a person required by law or by order to provide for the support of the child;
(5) a guardian of the person of the child;
(6) a guardian of the estate of the child;
(7) each parent as to whom the parent-child relationship has not been terminated or process has not been waived under Chapter 161;
(8) an alleged father, unless there is attached to the petition an affidavit of waiver of interest in a child executed by the alleged father as provided by Chapter 161 or unless the petitioner has complied with the provisions of Section 161.002(b)(2), (3), or (4);
(9) a man who has filed a notice of intent to claim paternity as provided by Chapter 160;
(10) the Department of Family and Protective Services, if the petition requests that the department be appointed as managing conservator of the child;
(11) the Title IV-D agency, if the petition requests the termination of the parent-child relationship and support rights have been assigned to the Title IV-D agency under Chapter 231;
(12) a prospective adoptive parent to whom standing has been conferred under Section 102.0035; and
(13) a person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Chapter 161 or to whom consent to adoption has been given in writing under Chapter 162.
(b) Citation may be served on any other person who has or who may assert an interest in the child.
(c) Citation on the filing of an original petition in a suit shall be issued and served as in other civil cases.
(d) If the petition requests the establishment, termination, modification, or enforcement of a support right assigned to the Title IV-D agency under Chapter 231 or the rescission of a voluntary acknowledgment of paternity under Chapter 160, notice shall be given to the Title IV-D agency in a manner provided by Rule 21a, Texas Rules of Civil Procedure.
(e) In a proceeding under Chapter 233, the requirements imposed by Subsections (a) and (c) do not apply to the extent of any conflict between those requirements and the provisions in Chapter 233.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 599, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 6.12, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 556, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 821, Sec. 2.09, eff. June 14, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 4, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 1, eff. June 19, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.102.htm
- Text hash
- sha256 2e5f9d62050ab3a76285a8087af7ce8f4919e27cfb020e216d58fd10a0eaa4ea
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Family Code
- Tex. Fam. Code § 102.0035STATEMENT TO CONFER STANDING.Printed as Section 102.0035
- Tex. Fam. Code ch. 160UNIFORM PARENTAGE ACTPrinted as Chapter 160
- Tex. Fam. Code ch. 161TERMINATION OF THE PARENT-CHILD RELATIONSHIPPrinted as Chapter 161
- Tex. Fam. Code § 161.002TERMINATION OF THE RIGHTS OF AN ALLEGED BIOLOGICAL FATHER.Printed as Section 161.002(b)(2)
- Tex. Fam. Code ch. 231TITLE IV-D SERVICESPrinted as Chapter 231
- Tex. Fam. Code ch. 233CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR ENFORCE SUPPORT OBLIGATIONSPrinted as Chapter 233
Texas Rules of Civil Procedure
Cited by 2 provisions
Provisions in this library whose text cites Tex. Fam. Code § 102.009. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.