Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE A. GENERAL PROVISIONS · CHAPTER 102. FILING SUIT
Texas Codes

Tex. Fam. Code § 102.009 (2026)

Service Of Citation

✓ laws through the 89th Legislature (2025)
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Sec. 102.009. SERVICE OF CITATION. (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.

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.

Notes of Decisions
Cited in 35 cases (5 in the last 5 years), 1997–2026 · leading case: Texas Dep't of Prot. & Regulatory Servs. v. Sherry, 46 S.W.3d 857 (Tex. 2001).
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Texas Dep't of Prot. & Regulatory Servs. v. Sherry, 46 S.W.3d 857 (Tex. 2001). · cites it 2× “” Tex. Fam. Code § 102.009(a)(8). When the Attorney General filed the 1993 paternity suit, he alleged in the pleadings that Cannon was C.”
In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012). “See Tex. Fam.Code § 102.009(a)(7). Accordingly, I concur with the Court’s order denying the State’s motion for rehearing.”
In the Interest of K.M.S., 68 S.W.3d 61 (Tex. App.—Dallas 2001). · cites it 7× “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
In the Interest of Shaw, 966 S.W.2d 174 (Tex. App.—El Paso 1998). “Tex.Fam.Code Ann. § 102.009(a)(7) and (8).”
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App.—Dallas 2013). “]” Tex. Fam.Code Ann. § 102.009(a)(8). Here, the adoption agency (who, we note, was unaware of J.”
Bowers v. Matula, 943 S.W.2d 536 (Tex. App.—Houston [1st Dist.] 1997). “See Tex.Fam.Code Ann. § 102.009 (Vernon 1996).”
in the Interest of K.Y. & K.Y., Minor Child., 273 S.W.3d 703 (Tex. App.—Houston [14th Dist.] 2008). “See Tex. Fam.Code Ann. § 102.009(a)(7) (Vernon Supp.”
Griggs v. Latham, 98 S.W.3d 382 (Tex. App.—Corpus Christi 2003). “J.L. and J.M.L. Thus, he is a person entitled to receive citation and a person needed for just adjudication to any action to modify an order involving access to his children.”
In re Ky, 273 S.W.3d 703 (Tex. App.—Houston [14th Dist.] 2008). “2008) (providing that in suit affecting parent-child relationship, each parent as to whom the parent-child relationship has not been terminated must be served as a necessary party unless process has been waived).”
In re KMS, 68 S.W.3d 61 (Tex. App.—Dallas 2001). · cites it 7× “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
Off. of the Attorney Gen. of Texas v. Raphael Moore, Jr., No. 14-18-00607-CV (Tex. App.—Houston [14th Dist.] Nov. 26, 2019). · cites it 5× “See Tex. Fam. Code Ann. § 102.009 (Vernon 2019).”
N. J. v. Texas Dep't of Fam. & Prot. Servs., 613 S.W.3d 317 (Tex. App.—Austin 2020). · cites it 3× “was, in fact, never served with citation, in any manner.3 Instead, the Department asserts that the record shows that before citation could be issued and served on N.”
Show all 35 citing cases →
Tex. Fam. Code § 102.009(7): 1 case
in the Interest of J. N. B., a Child, No. 12-09-00345-CV (Tex. App.—Tyler June 30, 2011).
Tex. Fam. Code § 102.009(a): 2 cases
In the Interest of K.M.S., 68 S.W.3d 61 (Tex. App.—Dallas 2001). “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
In re KMS, 68 S.W.3d 61 (Tex. App.—Dallas 2001). “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
Tex. Fam. Code § 102.009(a)(1): 2 cases
In re KMS, 68 S.W.3d 61 (Tex. App.—Dallas 2001). “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
in the Interest of R. N. F., a Child, No. 13-21-00007-CV (Tex. App.—Corpus Christi–Edinburg Apr. 28, 2022).
Tex. Fam. Code § 102.009(a)(11): 2 cases
in the Interest of A.A., a Minor Child, No. 02-06-00467-CV (Tex. App.—Fort Worth Aug. 14, 2008).
Classic Century, Inc. v. Deer Creek Estates, Inc., No. 02-06-00104-CV, 2008 WL 3540194 (Tex. App.—Fort Worth Aug. 14, 2008).
Tex. Fam. Code § 102.009(a)(7): 5 cases
In the Interest of E.R., 385 S.W.3d 552 (Tex. 2012). “See Tex. Fam.Code § 102.009(a)(7). Accordingly, I concur with the Court’s order denying the State’s motion for rehearing.”
In the Interest of Shaw, 966 S.W.2d 174 (Tex. App.—El Paso 1998). “Tex.Fam.Code Ann. § 102.009(a)(7) and (8).”
in the Interest of K.Y. & K.Y., Minor Child., 273 S.W.3d 703 (Tex. App.—Houston [14th Dist.] 2008). “See Tex. Fam.Code Ann. § 102.009(a)(7) (Vernon Supp.”
In re Ky, 273 S.W.3d 703 (Tex. App.—Houston [14th Dist.] 2008). “2008) (providing that in suit affecting parent-child relationship, each parent as to whom the parent-child relationship has not been terminated must be served as a necessary party unless process has been waived).”
N. J. v. Texas Dep't of Fam. & Prot. Servs., 613 S.W.3d 317 (Tex. App.—Austin 2020). “was, in fact, never served with citation, in any manner.3 Instead, the Department asserts that the record shows that before citation could be issued and served on N.”
Tex. Fam. Code § 102.009(a)(8): 6 cases
Texas Dep't of Prot. & Regulatory Servs. v. Sherry, 46 S.W.3d 857 (Tex. 2001). “” Tex. Fam. Code § 102.009(a)(8). When the Attorney General filed the 1993 paternity suit, he alleged in the pleadings that Cannon was C.”
In the Interest of K.M.S., 68 S.W.3d 61 (Tex. App.—Dallas 2001). “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
in the Interest of Baby Girl S., a Child, 407 S.W.3d 904 (Tex. App.—Dallas 2013). “]” Tex. Fam.Code Ann. § 102.009(a)(8). Here, the adoption agency (who, we note, was unaware of J.”
In re KMS, 68 S.W.3d 61 (Tex. App.—Dallas 2001). “See Tex. Fam. Code Ann. § 102.009 (a)(8) (Vernon Supp.”
in the Interest of J. N. B., a Child, No. 12-09-00345-CV (Tex. App.—Tyler June 30, 2011).
Tex. Fam. Code § 102.009(b): 1 case
Texas Dep't of Prot. & Regulatory Servs. v. Sherry, 46 S.W.3d 857 (Tex. 2001). “” Tex. Fam. Code § 102.009(a)(8). When the Attorney General filed the 1993 paternity suit, he alleged in the pleadings that Cannon was C.”
Tex. Fam. Code § 102.009(c): 5 cases
N. J. v. Texas Dep't of Fam. & Prot. Servs., 613 S.W.3d 317 (Tex. App.—Austin 2020). “was, in fact, never served with citation, in any manner.3 Instead, the Department asserts that the record shows that before citation could be issued and served on N.”
In re Alhc, 49 S.W.3d 911 (Tex. App.—Dallas 2001).
N. T. v. Texas Dep't of Fam. & Prot. Servs., No. 03-17-00573-CV, 2017 WL 5985507 (Tex. App.—Austin Nov. 29, 2017).
J. M. v. Texas Dep't of Fam. & Prot. Servs., No. 03-22-00435-CV (Tex. App.—Austin Jan. 17, 2023).
In the Interest of L.A.F., a Child v. the State of Texas, No. 06-25-00090-CV (Tex. App.—Texarkana Jan. 22, 2026).
Tex. Fam. Code § 102.009(d): 1 case
Off. of the Attorney Gen. of Texas v. Raphael Moore, Jr., No. 14-18-00607-CV (Tex. App.—Houston [14th Dist.] Nov. 26, 2019). “See Tex. Fam. Code Ann. § 102.009 (Vernon 2019).”
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