Stop Fraudulent Default Judgments in Texas Custody Cases

Service Accountability and Fraud Elimination for Suits Affecting the Parent-Child Relationship

Days Since Default Judgment
---
Without proper notice
Gap Between Service & False Certificate
104
Days
Due Diligence Required by Current Law
NONE
No verification mandate
000d 00h 00m 00s
Since a father lost custody through fraud

The Problem: Fraudulent Service of Process in Texas Family Courts

Texas law allows attorneys to certify a respondent's "last known address" without any verification requirement. This gap enables custody fraud through improper service and wrongful default judgments.

No Due Diligence Required for Address Certification

Texas Rule of Civil Procedure 239a requires a Certificate of Last Known Address before alternative service. It does not require attorneys to document what steps they took to verify the address is current or accurate.

No Address Verification Mandate in SAPCR Cases

An attorney can certify a decade-old address under oath with no obligation to confirm the respondent still lives there — even if they successfully served that person at a different address days earlier.

No Meaningful Penalty for Service Fraud

The only recourse for false certification is a full civil lawsuit or bill of review — which most parents cannot afford to bring. There is no automatic review, no criminal penalty, no expedited remedy.

Children Suffer When Parents Are Fraudulently Removed

When a parent loses custody or conservatorship through a fraudulent default judgment, the children lose a parent. The damage compounds every day the fraud goes uncorrected.

Timeline: How Custody Fraud Through Faulty Service Happens

The following timeline is drawn from public court records in Harris County, Texas. It demonstrates how a parent can lose custody through fraudulent service of process and a false Certificate of Last Known Address.

April 6, 2024

Successful Personal Service of SAPCR Petition

Respondent personally served with SAPCR petition at a Baytown, Texas hotel. Service documented by process server's sworn return of service.

April 28 – May 9, 2024

Three Emails Sent to Petitioner's Attorney

Respondent emailed petitioner's attorney three times requesting service documents and mediation. No response received to any communication.

June 3, 2024

Respondent Appears When Properly Served

Respondent appeared at trial in related Habeas Corpus case — properly served at his current address. Case dismissed for want of prosecution when petitioner failed to appear.

July 19, 2024

False Certificate of Last Known Address Filed

Attorney files Certificate of Last Known Address under oath, certifying respondent's address as a location he had not occupied since December 31, 2013 — over 10 years earlier. This was filed 104 days after successful service and 46 days after respondent appeared in court at his actual address.

August 20, 2024

Default Judgment Entered Without Notice

Court enters default SAPCR judgment based on service by posting to the decade-old address. Respondent has no knowledge of the proceeding, no opportunity to defend his parental rights.

October 16, 2025

First Notice of Default Custody Judgment — 14 Months Later

Respondent learns of the default custody judgment for the first time when petitioner sends a photograph of the Final Order — more than a year after it was entered.

Sources: Harris County District Clerk public records, Cause Nos. 202417675, 202353496, 2025-92876, 2025-95850

The SAFE SAPCR Act: Proposed Texas Family Law Reform

Proposed legislation to close the gap that allows service of process fraud in Texas family courts and protect parents' constitutional due process rights in custody and conservatorship cases.

1

Mandatory Constable Service in SAPCR Cases

Require initial service by constable in SAPCR cases unless respondent waives service, petitioner personally serves with written acknowledgment, or court orders alternative service for documented good cause.

2

Attorney Due Diligence Certification Requirement

Before filing a Certificate of Last Known Address, attorneys must investigate respondent's current address and search the Family Court Case Registry. Material misstatements trigger Chapter 10 sanctions and potential criminal prosecution.

3

Automated Family Court Case Registry

Statewide registry to flag duplicate or related SAPCR cases at filing, preventing forum shopping and ensuring judges have complete information before entering custody orders.

4

Expedited Bill of Review for Improper Service

45-day hearing requirement for bills of review based on improper service, with automatic referral to State Bar and law enforcement if fraud is found. Temporary orders pending resolution to protect parent-child relationship.

5

Criminal Penalties for Service Fraud

State jail felony for knowingly false address certification under Penal Code § 32.47; enhanced to third-degree felony if false statement made with intent to obtain custody through fraud.

6

Self-Funding Fee Mechanism

$50 constable service fee funds both constable operations and registry system. Indigent parties may request fee waiver under existing Texas Rule of Civil Procedure 145.

89th Texas Legislature Context

The 89th Texas Legislature is already addressing custody interference through measures like S.B. 2794. The SAFE SAPCR Act is the necessary companion legislation — preventing the service fraud that enables custody interference in the first place.

Frequently Asked Questions: Texas Custody, Conservatorship & Bill of Review

What is a SAPCR in Texas family law?

SAPCR stands for Suit Affecting the Parent-Child Relationship. It is the legal proceeding in Texas used to establish or modify custody, conservatorship, visitation (possession and access), and child support. SAPCR cases are governed by the Texas Family Code.

What is the difference between custody and conservatorship in Texas?

Texas uses the term conservatorship rather than custody. A conservator has legal rights and duties regarding a child. The court typically names a managing conservator (who has primary decision-making rights) and a possessory conservator (who has visitation rights). Joint managing conservatorship is common but does not necessarily mean equal possession time.

Can a default judgment in a custody case be set aside in Texas?

Yes. A Bill of Review can be filed to set aside a default judgment if you can prove: (1) a meritorious defense to the original case, (2) that you were prevented from presenting your defense by fraud, accident, or wrongful act of the opposing party, and (3) that the default was not due to your own negligence. Improper service of process or a false Certificate of Last Known Address constitutes extrinsic fraud that satisfies the second element.

What is a Certificate of Last Known Address under Rule 239a?

Under Texas Rule of Civil Procedure 239a, before a court can authorize service by publication or posting, the plaintiff's attorney must file a sworn certificate stating the defendant's last known address. Currently, there is no requirement to verify this address is accurate, document what investigation was performed, or confirm the defendant still resides there.

What is improper or faulty service of process in Texas?

Improper service occurs when a party is not properly notified of legal proceedings according to the Texas Rules of Civil Procedure. This can include: serving at the wrong address, failing to follow service requirements, using service by posting when personal service was possible, or filing a false Certificate of Last Known Address. Improper service violates constitutional due process and can be grounds for setting aside any resulting judgment.

How do I file a Bill of Review to set aside a default judgment in Texas?

A Bill of Review is an equitable proceeding filed in the same court that entered the original judgment. You must file a petition establishing the three elements: meritorious defense, prevented by fraud/accident/wrongful act, and no negligence on your part. It is a separate lawsuit with its own cause number. Under current law, there is no expedited timeline — the SAFE SAPCR Act would require a hearing within 45 days for bills of review based on improper service in SAPCR cases.

What is the SAFE SAPCR Act?

The SAFE SAPCR Act (Service Accountability and Fraud Elimination) is proposed Texas legislation that would: require mandatory constable service in custody cases, mandate attorney due diligence before certifying addresses, create an automated case registry to flag related cases, establish expedited 45-day hearings for bills of review based on improper service, and add criminal penalties for fraudulent address certification.

What are father's rights in Texas custody cases?

Texas law does not favor mothers over fathers. Both parents have equal rights to be named conservator and to seek custody or possession time. The court's primary consideration is the best interest of the child. However, these rights mean nothing if a parent is not properly served and given notice of proceedings. A parent who does not receive proper service cannot defend their rights — which is why service accountability reform is critical for protecting all parents.

What is extrinsic fraud in a Texas custody case?

Extrinsic fraud is fraud that prevents a party from having a fair opportunity to present their case. In custody cases, this commonly includes: deliberately serving the wrong address, filing a false Certificate of Last Known Address, concealing notice of hearings, or interfering with a parent's ability to participate. Extrinsic fraud is grounds for a Bill of Review to set aside the resulting judgment.

Share Your Story

Have you or someone you know been affected by fraudulent service of process in a Texas custody case? Your story can help drive legislative change.

Why Share Your Story?

  • Legislators need to hear from real families affected by service fraud
  • Your experience helps document the scope of this problem
  • Together, our voices are stronger than one

Privacy: Your submission is confidential. We will never share your personal information without your explicit consent. Stories may be anonymized for advocacy purposes.

Take Action: Support Texas Family Law Reform

Contact your state legislators and ask them to support service accountability reform in SAPCR custody cases.

Find Your Texas State Legislator

Use the Texas Legislature's official tool to find your State Representative and Senator based on your address.

Texas Capitol Website

Key Legislative Committees

House Judiciary & Civil Jurisprudence Committee
Senate State Affairs Committee
These committees handle Texas family law legislation including SAPCR reform.

What to Tell Your Legislator

"I support legislation requiring due diligence before attorneys certify a respondent's address in SAPCR family court cases. Texas Rule 239a has no verification requirement, enabling service fraud and wrongful default judgments that separate Texas families."

Pending Litigation

Civil and equitable proceedings related to the case study presented on this website are pending in Harris County District Courts. This website advocates for legislative reform — it does not seek intervention in any pending case.

Bill of Review: 311th District Court Civil Action: 189th District Court State Bar Grievance: Pending