Legal Glossary
Understanding family law terminology
Affidavit
A written statement of facts made under oath. In service of process cases, process servers file affidavits attesting to how and when service was completed.
Alternative Service
Methods of service used when personal service fails, including service by publication (newspaper), service by posting (courthouse), or substituted service (leaving with someone at residence).
Answer
A formal written response to a lawsuit. Filing an answer prevents a default judgment and allows you to participate in the case.
Bill of Review
An equitable legal proceeding used to set aside a final judgment. In Texas, the petitioner must prove: (1) a meritorious defense, (2) that fraud, accident, or wrongful act prevented them from presenting their defense, and (3) that they were not negligent.
Best Interest of the Child
The legal standard used by Texas courts when making custody decisions. Courts consider factors including the child's physical and emotional needs, parental abilities, stability, and the child's wishes (if appropriate age).
Certificate of Last Known Address
Under Texas Rule of Civil Procedure 239a, a written certification filed by the party taking a default judgment, or their attorney, stating the defendant's last known email address and mailing address. It is required for any default judgment, not only one following service by publication. The rule requires a certification, not a sworn statement under oath. It imposes no verification standard.
Citation
The official court document that notifies a party they are being sued and orders them to appear and answer. In Texas, the citation must include specific information and be served according to legal requirements.
Citation by Publication
Service of process accomplished by publishing notice of the lawsuit in a newspaper. Used when a defendant cannot be located. Requires a Certificate of Last Known Address.
Collateral Attack
A challenge to a judgment brought outside the case that produced it, rather than by appeal or motion within it. A collateral attack carrying no deadline is available only where the jurisdictional defect is apparent from the face of the record — the papers already on file with the court. PNS Stores, Inc. v. Rivera, 379 S.W.3d 267, 272–73 (Tex. 2012). Where a return of service recites valid service, the record looks regular and disproving it requires evidence from outside the record, which is a bill of review and runs on a four-year limitations period.
Conservator
In Texas family law, the legal term for a person with custody rights. See Managing Conservator and Possessory Conservator.
Conservatorship
The Texas legal term for custody. Conservatorship determines which parent(s) have the right to make decisions about a child and the terms of possession (visitation).
Default Judgment
A court ruling entered when one party fails to respond to a lawsuit. The court grants what the petitioner requested without the defendant's participation. In SAPCR cases, this can result in loss of custody rights.
Due Diligence
Reasonable efforts to locate a party before resorting to alternative service. The SAFE SAPCR Act would require attorneys to certify due diligence before filing a Certificate of Last Known Address.
Due Process
Constitutional right to fair legal proceedings, including proper notice and opportunity to be heard. Fraudulent service violates due process rights.
Extrinsic Fraud
Fraud that prevents a party from presenting their case, such as abuse of process through false address certifications. Extrinsic fraud is grounds for a Bill of Review because it denied the party their day in court.
Family Code
The Texas statutes governing family law matters including marriage, divorce, custody, child support, and adoption. SAPCR cases are governed by Title 5 of the Texas Family Code.
Guardian ad Litem
A person appointed by the court to represent the best interests of a child in a custody case. Unlike an attorney ad litem (who represents the child's wishes), a guardian ad litem investigates and makes recommendations based on what they believe is best for the child.
Habeas Corpus (Custody)
An emergency court filing used when a child is being unlawfully held by someone. In custody cases, a writ of habeas corpus can be used to require a person to bring the child before the court and explain their right to possess the child.
Injunction
A court order prohibiting a party from taking certain actions. In custody cases, temporary restraining orders (TROs) and temporary injunctions are used to prevent harassment, hide assets, or other harmful conduct during pending litigation.
Joint Managing Conservatorship (JMC)
An arrangement where both parents share the rights and duties of raising their child. This is the presumed arrangement in Texas unless the court finds it's not in the child's best interest.
LKA (Last Known Address)
Abbreviation for Last Known Address. See Certificate of Last Known Address.
Managing Conservator
The parent with the right to make major decisions about the child, including decisions about education, medical care, and residence. Can be sole or joint.
Meritorious Defense
A valid legal defense that would have affected the outcome if the party had been able to present it. Required element for a successful Bill of Review.
Motion for New Trial
A request to the court to set aside a judgment and hold a new trial. Must be filed within 30 days of judgment in Texas. Different from a Bill of Review.
Modification
A legal proceeding to change an existing custody order. In Texas, you can file a motion to modify if there has been a material and substantial change in circumstances since the last order was signed.
Nonsuit
A voluntary dismissal of a lawsuit by the party who filed it. A plaintiff can take a nonsuit before introducing evidence at trial. The case can often be refiled, unlike a dismissal with prejudice.
Notice
The constitutional requirement that a party be informed of legal proceedings against them. Proper notice requires service of process according to court rules. Failure to provide adequate notice violates due process.
Original Petition
The document that initiates a SAPCR lawsuit. The Original Petition in a Suit Affecting the Parent-Child Relationship states what custody, visitation, and support orders the petitioner is requesting from the court.
Petition
The document that initiates a lawsuit. In SAPCR cases, the Original Petition states what the petitioner is asking the court to order regarding custody, support, etc.
Petitioner
The party who files a lawsuit. In a SAPCR case, the petitioner is asking the court to establish or modify custody, support, or visitation.
Possession and Access
Texas legal term for visitation. The court order specifies when each parent has possession of the child.
Possessory Conservator
A parent who has visitation rights but is not the primary decision-maker. Typically has the child on weekends, holidays, and summer periods as specified by court order.
Pro Se
Latin for "for oneself." A person who represents themselves in court without an attorney. Pro se litigants are held to the same procedural standards as attorneys.
Respondent
The party against whom a lawsuit is filed. In a SAPCR case, the respondent must be properly served and has the right to file an answer and participate in proceedings.
Return of Service
A document filed with the court by the process server attesting to how, when, and where service was completed. A false return of service may constitute fraud.
Rule 239a
Texas Rule of Civil Procedure requiring the party taking a default judgment to certify the other party's last known email address and mailing address, at or immediately before the judgment is rendered, so the clerk can mail notice of it. It is post-judgment notice, not service of process, and it applies to any default judgment however service was attempted. The SAFE SAPCR Act would strengthen this rule's requirements.
SAPCR
Suit Affecting the Parent-Child Relationship. The legal proceeding in Texas used to establish paternity, determine custody (conservatorship), set visitation schedules, and order child support. Governed by Title 5 of the Texas Family Code.
SAFE SAPCR Act
Proposed legislation: Service Accountability and Fraud Elimination for Suits Affecting the Parent-Child Relationship. Would require mandatory constable service, due diligence certification, automated case registry, expedited Bill of Review hearings, and criminal penalties for fraudulent address certification.
Service of Process
The legal procedure of delivering court documents to notify a party of legal action. Proper service is a constitutional due process requirement. Methods include personal service, substituted service, and service by publication.
Sole Managing Conservatorship (SMC)
An arrangement where one parent has exclusive rights to make major decisions about the child. The other parent typically becomes a possessory conservator with limited rights.
Standard Possession Order (SPO)
The default visitation schedule in Texas for the non-custodial parent. Includes 1st, 3rd, and 5th weekends, Thursday evenings, alternating holidays, and extended summer possession.
Texas Family Code
The collection of Texas statutes governing family law. SAPCR cases are primarily governed by Title 5. Available online at Texas Statutes.
Texas Rules of Civil Procedure (TRCP)
Rules governing civil court proceedings in Texas, including requirements for service of process. Rule 239a covers Certificate of Last Known Address requirements.
Void Judgment
A judgment that is legally invalid and has no effect. A judgment may be void if the court lacked jurisdiction or if proper service was never accomplished. Whether a judgment is void is the contested question, not the deadline. A collateral attack with no deadline requires the defect to be apparent from the face of the record; where the record looks regular — a return of service reciting valid service — proving otherwise takes evidence from outside it, which in Texas means a bill of review inside four years. PNS Stores, Inc. v. Rivera, 379 S.W.3d 267, 272–73 (Tex. 2012). Treat the no-time-limit rule as a fallback argument, not a schedule.
Voidable Judgment
A judgment that is valid until successfully challenged. Unlike a void judgment, a voidable judgment requires a Bill of Review or other legal action to set aside. Technical defects in service often make a judgment voidable rather than void.
Waiver of Service
A document signed by the respondent acknowledging they have received the lawsuit papers and waiving the need for formal service of process. Signing a waiver starts the deadline to file an answer. Never sign a waiver unless you understand the consequences.