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Old 08-30-2009, 01:14 PM
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Join Date: Aug 2009
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serving notice of trial


What is the name of your state (only U.S. law)? Texas

I have filed a pro se involuntary termination of parental rights and stepparent adoption case. The parent whose rights are to be terminated was personally served in jail by the constable over a year ago. She filed a general denial from jail. She then was released and disappeared. She showed in court for a hearing to set trial date for contempt and enforcement of child support, and gave an address in that case. Then she disappeared again, and the court issued a warrant for failure to appear.

Now we need to wrap up the termination and adoption case, but cannot locate her to give notice of the trial date. I do not want to have all our witnesses show up for trial, and then have the judge deny the trial because the mother's certified mail is returned undeliverable.

I know the Craddock test says the failure to appear must be intentional or due to conscious indifference. To us, it is both, intentional that she failed to give notice of a new address because she did not want to go to jail or pay child support, and conscious indifference because she filed an answer acknowledging she knew we want her rights terminated due to abandonment, and she still did not give anyone notice of her whereabouts.

Any suggestions for handling the judge's concern for due process regarding notification of the trial date would be appreciated.What is the name of your state (only U.S. law)? Texas, again.
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