Legal Question in Family Law in Texas
I have been charged with default by the court for not appearing at a hearing for custody of my sons. Yet, I never received notice of the hearing. Shouldn't I have been served papers to appear in court?
1 Answer from Attorneys
You have to be served with notice of the hearing. The problem is that what you consider service and what the Texas Rules of Civil Procedure consider service are probably two different things. The most common form of service is personal service where someone walks up and hands you papers. But if you are not amenable to service, then the other side can serve you by publication or through alternative service, e.g. serving your mom. Also, if you ever signed a waiver of service in this case, you do not have to be served.
Check with the clerk to see if an order was issued allowing service by publication or alternative service. Also ask to see the return of service, which is the court's proof that you were somehow served.