Here, a court in Montgomery County entered a paternity order in 2005. In 2005, the mother’s ex-husband filed a modification suit seeking custody. The mother was served and the father signed an affidavit of relinquishment of parental rights. The case was transferred to Brazoria County and a default order was entered against the mother. The mother filed a restricted appeal and got the order reversed because the clerk’s record from Brazoria County did not include the return of service on the mother. The court of appeals said it could not consider the certified copy of the return from Montgomery County attached to the appellee’s brief.
In the Interest of K.M., No. 14-12-00871-CV (Tex. App. – Houston [14th Dist.] 5/16/2013).