Wylie, TX asked in Child Custody, Family Law and Gov & Administrative Law for Texas

Q: Summons/citations were served for custody modification but had petitioner name wrong

My husband and I were served with a summons/citation for modify custody by a 3rd party but the petitioner was DCCPS and petition was in this 3rd parties name. Also, mine had the official stamp and my husband's did not. The petition contained request for temp. orders, TPO, affidavit and affidavit of managing conservator who is deceased. There were no hearing date papers or orders. Lastly, both affidavits were only signed and notarized on last page, none on the other pages. Should I overlook all these things and just file my response/counter-claim?

1 Lawyer Answer
Rick  Davis
Rick Davis
  • Divorce Lawyer
  • Bryan, TX
  • Licensed in Texas

A: You really need to have an experienced Family Law attorney examine the documents to see if they are defective.

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