Federal law prevents any party, including DFPS, from obtaining a default judgment against a person while the person is serving in the military.

Servicemembers Civil Relief Act, 50 USC Appendix §§501-538PDF DocumentExternal Link

If a parent’s whereabouts are unknown at the time of the status hearing, the caseworker must take the following steps to find out whether the missing parent has any connection to the military, and document those steps as detailed below.

If the caseworker does not complete the steps at the time of the Status Hearing, the caseworker must complete the steps before DFPS can obtain a final order by default against a parent.

1.   The caseworker must interview family members or other persons who have information about the missing parent to obtain any information about the parent’s possible military service, including current or previous military service. The caseworker must record this information on Form 2068Word Document Affidavit Regarding Military Service. See 5233.3 Making a Diligent Search for a Missing Parent.

2.   The caseworker must request a Certificate of Service or Non-Service from the U.S. military’s data center. To do so, the caseworker goes to the Service members Civil Relief Act (SCRA)External Link website and chooses Single Record Request. (If the message There is a problem with this website’s security certificate appears, scrolls down to select Continue to this website (not recommended). The caseworker enters the following information in the fields:

  •   the individual’s first and last names; and

  •   the individual’s birth year or Social Security number.

3.   The caseworker must print the Certificate of Service or Non-Service and submit it to the court with Form 2068 Affidavit Regarding Military Service.

      The caseworker must request a manual search if:

  •   information is missing;

  •   the response is inconclusive; or

  •   the caseworker has information that conflicts with the result of the Web search. For example, staff may be aware that the parent is in fact in the military, but this is not reflected in the search results.

      The caseworker requests a manual search by sending a stamped, self-addressed envelope to the address below and including as much identifying information as possible about the person who is the subject of the search.

Defense Manpower Data Center

Attention: Military Verification

1600 Wilson Blvd., Suite 400

Arlington, VA 22209-2593

      If necessary, the caseworker may also contact the data center as follows:

Telephone: (703) 696-6762 or 5790

Fax: (703) 696-4156

4.   If the search produces a Certificate of Service for the parent, the caseworker must alert the attorney representing DFPS immediately. The court will stay (suspend) the proceedings because an attorney appointed for a military service member can neither:

  •   waive any of the parent’s rights; nor

  •   bind the parent (constrain the parent through legal authority). 

5.   If the search produces a Certificate of Non-Service, the caseworker must provide the Affidavit of Military Service and Certificate of Non-Service to the attorney representing DFPS.

When a Parent Is Deployed

If a caseworker discovers that a parent has been or is likely to be deployed, the caseworker must ask what arrangements have been made to designate a caregiver for the child during the service member’s absence. The arrangement may be informal or may be a formal designation of a caregiver with court approval, as provided in Texas Family Code Chapter 153, Subchapter LExternal Link.

Whether the agreement is informal or formal, the caseworker must:

  •   document in IMPACT any designation by a parent of a caregiver; and

  •   inform the attorney representing DFPS.