SERVICE OF CITATION.
Tex. FAM Code § 102.009.
in effect(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 .
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.
Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865 ), Sec. 1, eff. June 19, 2009.
