Family Law

The County Courts At Law of Johnson County, by special legislature, have jurisdiction over cases involving family matters, including suits seeking dissolution of a marriage, adoptions, and suits affecting the parent-child relationship.

Procedure for initial filing

The initiation of a family law suit is always at the option of the petitioner by filing an original petition with the clerk of the court. The petition sets out exactly who the respondent(s) is and the grounds of the suit. The parties or attorney's for the parties prepare all instruments in a family law case; except for the clerk's processes.

•  VS 165 - Information on Suit Affecting the Family Relationship (Excluding Adoptions) Family Code Sec. 108.001

Adoptions

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.

• VS 160 - Certificate of Adoption (Required in all Adoption Cases) Family Code 108.003

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 ($85.00 posting fee).

For information concerning the status or disposition of specific civil cases, please call (817)556-6323, Ext. 1300.

Copy, Research & Public Information Requests MUST be sent to: ccresearch@johnsoncountytx.org.