The Attorney General of Texas 

March 6, 1981 

MARK WHITE 

Attorney General 

Honorable Patrick J. Ridley 

Bell County Attorney 

P. 0. Box 474 

Belton, Texas 76513 

Opinion No. MW- 2 9 8 

Re: Whether section 53.06 of the 

Family Code requires service of 

summons on the parents of a 

married juvenile 

Dear Mr. Ridley: 

The Texas Family Code sets forth statutory requirements pertaining to 

judicial proceedings involving juveniles. See S5LO1, et. Section 53.04 

provides for an adjudication or transfer hearing when a child has allegedly 

engaged in delinquent conduct or conduct indicating a need for supervision, 

as defined in section 51.03. Section 53.06 requires that, prior to said 

hearing: 

(a) The juvenile court shall direct issuance of a 

summmons to: 

(1) the child named in the petition; 

(2) the child’s parent, guardian, or custodian; 

(3) the child’s guardian ad litem; and 

(4) any other person who appears to the court to 

be a proper or necessary party to the 

proceeding. (Emphasis added). 

You have requested our opinion as to whether section 53.06 requires service 

of summons upon the parents of a juvenile who is married. 

Texas courts have repeatedly held that in order for a juvenile court to 

have jurisdiction over a juvenile proceeding, a summons to appear at the 

hearing must issue to the juvenile’s parent or guardian. Grayless v. State, 

567 S.W. 2d 216 (Tex. Crim. App. 1978); In re T.T.W., 532 S.W. 2d 418 (Tex. 

Civ. App. - Texarkana 1976, no writ). See also Ex parte Webb, 3 S.W. 2d 810 

(Tex. Crim. App. 1928); Ex parte Tomlin, 298 S.W. 902 (Tex. Crim. App. 

P. 951 
Honorable Patrick J. Ridley - Page Two 

1927). Compare In re Honsaker, 539 S.W. 2d 198 (Tex. Civ. App. -Dallas 1976, writ 

rePd n.r.e.1. An exception is permitted when the parent or guardian waives service of 

summons ln writing or by voluntarily appearing at the hearing. See Family Code 

g53.06(e). As the court observed in In re Honsaker, a, the r=on for such a 

requirement is that: 

every child who appears before the juvenile court must have the 

assistance of some friendly, competent adult who can supply the 

child with support and guidance. Usually, one of the child’s 

parents or in some situations a substitute parent, will fill this 

need. 

539 S.W. 2d at 200-01, citing commentary to section 51.11, Family Code. 

It has been suggested that because the parents of a juvenile who marries no 

longer have parental duties and privileges under section 12.04 of the Family Code, 

there is no reason for them to be present at a juvenile hearing, and therefore they need 

not be served with a summons under section 53.06. It is true that once a minor 

marries, he loses the disabilities of minority and acquires the legal capacity of an 

adult, see Family Code sections 4.03 and 31.07, and he is no longer considered a “child’ 

for put$%es of section 12.04. See Family Code §lLOl (definition of “child’). However, 

he is still subject to the juvenslaws set forth in section 51.01, et. Section 51.02 

defines “child’ for purposes of Title III of the Family Code which concerns delinquent 

children and children in need of supervision, as follows: 

(1) ‘Child’ means a person who is: 

(A) ten years of age or older and under 17 years of age; or 

(B) seventeen years of age or older and under 18 years of 

age who is alleged or found to have engaged in 

delinquent conduct or conduct indicating a need for 

supervision as a result of acts committed before 

becoming 17 years of age. 

No reference is made to marital status. See also Williams v. State, 219 S.W. 2d 509 

(Tex. Civ. App. - Galveston 1949, no writ). Compare Family Code SILOI, which defines 

“child’ for purposes of sections lLO1, et, and 31.01, et, as a: 

person under 18 years of age who is not and has not been 

married or who has not had his disabilities of minority removed 

for general purposes. ‘Adult’ means any other person. 

It does not follow from the fact that the parents of a married juvenile have no duties 

and privileges under section 12.04 that they would necessarily not have an interest in a 

juvenile proceeding sufficient to justify the statutory requirement that summons to 

appear at said hearing must issue. The fact of marriage does not negate the policy 

considerations set forth in cases such as In re Honsaker, supp& 

P- 952 
Honorable Patrick J. Ridley - Page Three 

Section 53.06 is plain and unambiguous, and its provisions must be given effect as 

written, unless such a construction would lead to an absurd or unjust result. Dovalina 

v. Albert, 409 S.W. 2d 616 (Tex. Civ. App. - Amarillo 1966, writ rePd n.r.e.1. They must 

also be strictly construed. D.A.W. v. State, 535 S.W. 2d 21 (Tex. Civ. App. - Houston 

B4th Dist.1 1976, writ rePd n.r.e.l. From a practical standpoint, there may be valid 

reasons for eliminating the requirement that summons issue under section 53.06 to the 

parents of a married juvenile; however, that is a matter for the legislature to consider. 

We cannot ignore the express provisions of the statute. 

We therefore conclude that section 53.06 of the Family Code requires service of 

summons on the parents of a juvenile who is married. 

SUMMARY 

Section 53.06 of the Family Code requires the judge of a 

juvenile court to direct issuance of summons on the parents of a 

juvenile who is married. 

z* 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Kathryn Reed 

Bruce Youngblood 

P. 953