Texas Family Code - Section 102.010. Service Of Citation By Publication
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§ 102.010. SERVICE OF CITATION BY PUBLICATION. (a)
Citation may be served by publication as in other civil cases to
persons entitled to service of citation who cannot be notified by
personal service or registered or certified mail and to persons
whose names are unknown.
(b) Citation by publication shall be published one time. If
the name of a person entitled to service of citation is unknown, the
notice to be published shall be addressed to "All Whom It May
Concern." One or more causes to be heard on a certain day may be
included in one notice and hearings may be continued from time to
time without further notice.
(c) Citation by publication shall be sufficient if given in
substantially the following form:
To (names of persons to be served with citation) and to
all whom it may concern (if the name of any person to be
served with citation is unknown), Respondent(s),
"STATE OF TEXAS
"You have been sued. You may employ an attorney.
If you or your attorney do (does) not file a written
answer with the clerk who issued this citation by 10
a.m. on the Monday next following the expiration of 20
days after you were served this citation and petition,
a default judgment may be taken against you. The
petition of ______________, Petitioner, was filed in
the Court of _______________ County, Texas, on the ___
day of _________, _____, against __________,
Respondent(s), numbered _____, and entitled 'In the
interest of __________, a child (or children).' The
suit requests (statement of relief requested, e.g., '
terminate the parent-child relationship'). The date
and place of birth of the child (children) who is (are)
the subject of the suit: _____________.
"The court has authority in this suit to render an
order in the child's (children's) interest that will be
binding on you, including the termination of the
parent-child relationship, the determination of
paternity, and the appointment of a conservator with
authority to consent to the child's (children's)
adoption.
"Issued and given under my hand and seal of the
Court at _________, Texas, this the ___ day of _______,
____.
"____________________________
Clerk of the District Court of
____________ County, Texas.
By _______, Deputy."
(d) In any suit in which service of citation is by
publication, a statement of the evidence of service, approved and
signed by the court, must be filed with the papers of the suit as a
part of the record.
(e) In a suit filed under Chapter 161 or 262 in which the
last name of the respondent is unknown, the court may order
substituted service of citation by publication, including
publication by posting the citation at the courthouse door for a
specified time, if the court finds and states in its order that the
method of substituted service is as likely as citation by
publication in a newspaper in the manner described by Subsection
(b) to give the respondent actual notice of the suit. If the court
orders that citation by publication shall be completed by posting
the citation at the courthouse door for a specified time, service
must be completed on, and the answer date is computed from, the
expiration date of the posting period. If the court orders another
method of substituted service of citation by publication, service
shall be completed as directed by the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2003, 78th Leg., ch. 1015, § 1, eff. Sept. 1,
2003.
Section: 102.0045 102.005 102.006 102.007 102.008 102.0086 102.009 102.010 102.011 102.012 102.013 103.001 103.002 103.003 104.001
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Last modified: August 10, 2007
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