D. Service of Citation

The following are entitled to service of citation on the filing of a petition in an original suit:

•   A managing conservator;

•   A possessory conservator;

•   A person having possession of or access to the child under an order;

•   A person required by law or by order to provide for the support of the child;

•   A guardian of the person of the child;

•   A guardian of the estate of the child;

•   Each parent as to whom the parent-child relationship has not been terminated or process has not been waived under Tex. Fam. Code Chapter 161;

•   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 Tex. Fam. Code Chapter 161 or unless the petitioner has complied with the provisions of Tex. Fam. Code § 161.002(b)(2), (b)(3), or (b)(4);

•   A man who has filed a notice of intent to claim paternity as provided by Tex. Fam. Code Chapter 160;

•   DFPS, if the petition requests that DFPS be appointed as managing conservator of the child;

•   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 Tex. Fam. Code Chapter 231;

•   A prospective adoptive parent to whom standing has been conferred under Tex. Fam. Code § 102.0035; and

•   A person designated as the managing conservator in a revoked or unrevoked affidavit of relinquishment under Tex. Fam. Code Chapter 161 or to whom consent to adoption has been given in writing under Tex. Fam. Code Chapter 162. Tex. Fam. Code § 102.009(a).

Alleged fathers are not parents as defined in Tex. Fam. Code § 101.024 and do not have the right to a court-appointed attorney other than one appointed pursuant to Tex. Fam. Code § 107.013(a)(3) to monitor the due diligence of DFPS in checking the paternity registry under Tex. Fam. Code Chapter 160. However, alleged fathers have the right to service of citation unless that right is waived in an affidavit of waiver of interest in the child or forfeited by failing to register with the paternity registry. Tex. Fam. Code § 102.009(a)(8).

Citation may be served on any other person who has or who may assert an interest in the child. Tex. Fam. Code § 102.009(b).

Citation on the filing of an original petition in a suit shall be issued and served as in other civil cases. Tex. Fam. Code § 102.009(c).

For more information about service and waivers of citation, see the Service of Citation chapter of this Bench Book.