Pursuant to Family Code Sec. 102.013(b), in a suit affecting the parent-child relationship which requests the adoption of a child, the clerk shall file the suit and all the papers relating to the suit in a new file having a new docket number and are closed records (Family Code Sec. 162.022). In cases in which a court already has jurisdiction over the child the case will be assigned to that court. Where no previous jurisdiction exists the case will be assigned to a court on a rotating basis.
** NEW FEES BECOME EFFECTIVE JANUARY 1, 2018 **
|FILING AN ORIGINAL ADOPTION PETITION|
|The fees for filing an Adoption Petition are that of an Original Filing plus the CAR Fund Fee and any fees for issuance and service of process requested.|
|Each Citation Issued||$4.00|
|Each In-County Service by Constable or Sheriff||$85.00|
|Each Service by Certified Mail||$85.00|
CAR FUND Fee
*Paid at the time Petition for Adoption** is filed; an extra copy of the Petition must be provided
|SUBSEQUENT FILING PROCEDURE|
|All documents, other than process issued by the Clerk at the direction of the parties, are prepared by the parties or their attorney(s) and filed directly with the Clerk to be presented to the Court for consideration.|
|Action Other Than Original (Cross Actions/Modifications/Interventions)||$85.00|
Issuance of Documents
|Commission to Take Deposition||$4.00|
|Any other Document authorized and issued by the Clerk||$4.00|
Issuance of Documents
|Writ of Attachment||$5.00|
|Any other Document authorized and issued by the Clerk||$5.00|
*Due before the Trail Date can be set
|SERVICE OF PROCESS BY CONSTABLE OR SHERIFF|
|Fees for service of process performed by a Johnson County Constable or by an officer of the Sheriff's Department|
|Writ of Attachment||$175.00|
|All Court Citations||$85.00|
|Notices (Show Cause, Trustee Sale, Etc.)||$85.00|
|CITS Retraining Order||$85.00|
|Posting of Notices/Citations||$50.00|
***ALL fees are due and payable at the time of filing. Personal checks are not accepted. Attorney's business checks are accepted. Visa and Master Cards accepted. Fees may be charged to a credit card via telephone or mail by supplying the account number, expiration date, and card holder's zip code.
Service of Process by Authorized Person other than Constable or Sheriff: Process may be served in many instances by a private citizen authorized by order of the court to provide this service. In order to qualify, the person must be 18 years of age or older, have no interest in the case, and have on file with the appropriate court an affidavit stating these facts; or be certified by the Texas Supreme Court. An 'Order for Rule 103' for the judge's signature must be presented with each request for such service.
Service of Process by Certified Mail by the Clerk: Upon request of the party requesting issuance of process, the clerk will serve the citation by mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached. The fee for service by certified mail is $85.00.
Waiver of Service: A party to a suit for the dissolution of a marriage may waive the issuance and service of process after the suit is filed by filing with the clerk a waiver by the party acknowledging receipt of a copy of the filed petition. The waiver must contain the mailing address of the party who executed the waiver and be sworn to after the date of filing of the original petition. (Family Code Sec. 6.4035)
Citation by Publication: Service of citation may be by publication upon filing of an affidavit stating the whereabouts of the defendant is unknown. Process is issued by the clerk and returned to the party or the party's attorney for publication in the appropriate publication. A publisher's affidavit must be filed with the clerk. In suits in which a parent-child relationship does not exist, service by publication may be completed by posting the citation where public notices are posted in the courthouse for seven days ($50.00 posting fee).