Texas Family Law Modification

Summary

In Texas, to modify a parent-child relationship, e-file your motion and request a citation from the court clerk. The citation must be obtained in person, and there is usually a fee. Texas Rule of Civil Procedure 103 allows anyone over 18, not involved in the case, to serve papers. Your sister can serve the papers, but she must complete a Return of Service form and file it with the court, either through e-filing or in person. Process servers are often used for accuracy. For specific details, contact the Harris County District Clerks Office.

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I have a question related to family law. If I want to pursue a modification to a parent child relationship can I just submit my motion to modify through the e file and serve the other party's attorney or do I have to formally serve the other party themselves and get a citation?
In Texas, to pursue a modification to a parent-child relationship, you must:
- File your motion to modify with the court through eFile.
- Formally serve the other party, not just their attorney.
- Obtain a citation and service from the court.
Do you have any other questions about the process?
Yes explain that process in greater specificity. Can I efile the motion to modify without serving the other attorney yet? And does the court automatically give me the citation? And how do I obtain the citation? Do I have to pay for it? And can I have anyone over * serve the other party or does it have to be a process server?
*. E-filing Motion: Yes, you can e-file the motion to modify without serving the other attorney yet.
*. Citation: The court does not automatically give you the citation. You need to request it.
*. Obtaining Citation: After filing, go to the court clerk to obtain the citation.
*. Payment: Yes, there is usually a fee for the citation.
*. Serving Other Party: Anyone over * who is not part of the case can serve the other party, but hiring a process server is recommended for accuracy.
Do you need any more detailed steps on any part of this process?
Yes how and where do I request the citation? Can I have my sister serve the other party, she's over *. Or does it strictly have to be a sheriff or process server? What state law says that anyone over * can be a process server?
In Texas, to request a citation:
- Go to the court clerk's office where you filed your motion to modify.
- Request and pay for the citation.
Regarding serving the other party:
- Texas law allows anyone over * who is not a party to the case to serve the citation.
- Your sister can serve the other party.
For the specific law:
- Refer to Texas Rule of Civil Procedure *.
Do you need more details on the serving process?
What if I'm filing the motion to modify if I will be efiling my motion to modify to the court? Does this process to obtain the citation have to be done in person?
In Texas, even if you e-file your motion to modify, you will still need to obtain the citation in person from the court clerk's office. This step cannot be completed online.
Do you have any other questions related to this process?
Okay, so if this is the * family court in houston, where do I go specifically to get this citation, and do I have to give them a hard copy of my motion to modify with the supporting exhibits or how does this process work?
You can go to the Harris County District Clerk's Office to request the citation. You do not need to provide a hard copy if you've already e-filed your motion to modify with supporting exhibits.

Harris County District Clerk's Office


Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.hcdistrictclerk.com

Do you need any more details on the next steps?
Yes, how much is it and what floor is it on? How do attorneys do this, do they have a process server get the citation or do they go in person?
The cost and specific floor information for the Harris County District Clerk's Office are best obtained directly from their office. Attorneys typically prefer using process servers for accuracy, but they can also go in person.
Harris County District Clerk's Office

Phone: (*) *-*
Address: * Caroline St, Houston, TX *
Website: www.hcdistrictclerk.com
Do you need help with any other part of the process?
Okay so a process server would go to the clerk's office and get the citation?
Yes, a process server can go to the clerk's office to get the citation on your behalf. Do you have any other specific questions about the process or need help with another aspect of your case?
yes tell me how it really works and also articulate the law that says anyone over * can serve the papers. Does the person serving the papers like my sister need to fill out parts of the citation?
In Texas, this is how it works:
- Request Citation: After e-filing, go to the court clerk's office to request and pay for the citation.
- Serving Papers: Texas Rule of Civil Procedure * allows anyone over * and not part of the case to serve papers.
- Proof of Service: The person serving (e.g., your sister) must fill out a Return of Service form and file it with the court.
Do you have any other questions related to this process?
Proof of Service: The person serving (e.g., your sister) must fill out a Return of Service form and file it with the court. How does she do this? Would she efile this ?
To file a Return of Service form in Texas:
- Your sister must complete the form detailing the service.
- She can e-file it through the same e-filing system used for the motion to modify.
- Alternatively, she can file it in person at the court clerk’s office.
Do you need more details on completing the form?