Post: Due Process in Texas
Posted by Solomon on 8/02/05
Facts: Father is managing conservator of 15 year old
son. Both reside in Texas. Son has indicated that he
wants to live with mother in Texas. Son has executed an
affidavit to that effect. Mother retained attorney.
Attorney filed petition and issued citation. Attorney
also had judge sign an order indicating that Father must
appear at Temporary Order Hearing on August 12, 2005.
Father has not been served any of the documents (as of 8-2-
05).
Question:
1. Can Father be called into court to argue the merits of
the case before he is required to answer the lawsuit? Is
this a due process violation?
2. How can the Judge reasonably sign an order requiring an
individual to appear at a hearing if the individual has no
idea that there is a proceeding in court and there is no
indication regarding when the individual will be served?
Posts on this thread, including this one
- Due Process in Texas, 8/02/05, by Solomon.
- Re: Due Process in Texas, 8/03/05, by 00.