Dripping Springs Paternity Attorney
If you live in Dripping Springs and a child’s legal father has never been formally established, or someone else’s name is on the paperwork and you disagree with it, the choices you make in the next few months matter more than most people realize. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles paternity, SAPCR suits, custody, and support for families in Dripping Springs, Hays County, and across Central Texas, and a Dripping Springs paternity attorney from our firm can tell you where you stand before a deadline decides it for you.
Paternity is not a single form or a single court date. In Texas, being a biological father does not automatically give a man the legal right to see his child, make decisions for that child, or owe a defined amount of support. Legal fatherhood has to be established, either by a signed acknowledgment or by a court order. Until that happens, a mother, a father, and a child can all be left without enforceable rights, and the questions of who decides where the child lives and who pays for what are simply open.
The other side of the problem is just as real. Some men are presumed to be a child’s father because of a marriage or an acknowledgment, and they later learn they may not be the biological father. Others signed an acknowledgment at the hospital without fully understanding it. Each of these situations runs on its own clock, and the clocks are shorter than most families expect.
Why Choose Oprea & Weber for a Dripping Springs Paternity Case
The Law Office of Oprea & Weber is an Austin-area family law firm, and our attorneys, Kevin Weber and Karen Oprea, represent clients in Hays County, Travis County, Williamson County, and Bastrop County. We work with unmarried parents, men trying to establish or challenge parentage, and mothers seeking custody and support orders. Your attorney personally handles your case from the first consultation to the final order. You will not be passed through layers of staff or junior associates, and we keep our caseload intentionally manageable so you get direct access and answers in plain language.
Both Kevin Weber and Karen Oprea graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, which matters in paternity cases that turn on contested evidence, genetic testing disputes, and settlement talks about support and possession. Karen has briefed and argued cases before the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Courts of Appeals, and the New York appellate courts, so we know how a parentage ruling holds up when someone challenges it. Kevin also mediates family law disputes as well as representing clients in mediation, which gives him a practical read on what a deal between two parents needs to look like to last.
Clients describe us as knowledgeable, thorough, and caring. One client who came to us for a paternity matter after using other attorneys wrote that Kevin was by far the best. We prepare every case as though it could be tried, and we pursue a cooperative resolution whenever the other parent is willing, because parents who agree usually spend less and fight less.
Situations We Handle in Dripping Springs Paternity and SAPCR Cases
- Unmarried Father Establishing Legal Rights: A father with no acknowledgment and no court order has no enforceable right to possession or decision-making. A paternity suit, usually combined with a Suit Affecting the Parent-Child Relationship, creates the order that gives him a schedule and a say in major decisions.
- Mother Seeking Child Support and Conservatorship: A mother can bring a SAPCR to establish the father’s legal status, set a possession schedule, and obtain a support order based on the guideline percentages of the father’s net resources.
- Acknowledgment of Paternity Questions: A signed acknowledgment can be rescinded within 60 days. After that, it can be challenged only on grounds of fraud, duress, or material mistake of fact, and only before an order affecting the child is issued.
- Presumed Father Disputes: When a child was born during a marriage, the husband is presumed to be the father. A suit to adjudicate parentage generally has to be brought within four years of the child’s birth, with narrow exceptions such as spouses who did not live together or have intercourse around the time of conception, or a misrepresentation that kept the presumed father from asserting paternity.
- Challenging an Existing Acknowledgment or Adjudication: Someone who did not sign the acknowledgment but wants to establish paternity must generally file within four years of the acknowledgment’s effective date or the adjudication.
- Genetic Testing Disputes: Contested paternity often turns on DNA testing, who orders it, and what the results mean for the existing legal father’s rights.
- Relocation and Modification After Paternity Is Established: Once orders exist, a move out of the area or a change in circumstances may require modifying custody, possession, or support.
- Enforcement of Existing Orders: When a parent ignores a possession schedule or stops paying support, we pursue enforcement in the court that issued the order.
What to Do If You Need to Establish or Challenge Paternity in Hays County
Start by gathering what you have: the child’s birth certificate, any acknowledgment of paternity (often signed at the hospital), any prior court orders, text messages or emails about the child, records of financial support you have given or received, and the dates that matter, including the child’s birth date, when you and the other parent separated, and when any paperwork was signed. Those dates drive which deadlines apply, and a four-year or 60-day window can close without notice.
Next, figure out what kind of case you are in. If no father is legally established, the usual path is filing an original suit to adjudicate parentage together with a SAPCR. If the child lives elsewhere, the proper county may differ, and a Travis County, Williamson County, or Bastrop County court could be the right venue instead. We help you sort that out before you file so the case does not get delayed by a venue fight.
Do not sign anything the other parent hands you without having it reviewed. An acknowledgment of paternity is a legal document with real consequences, and an agreed order that sets a possession schedule or support amount can be hard to change later. Avoid informal arrangements that live only in text messages, since they cannot be enforced, and avoid withholding a child or support as leverage, since courts look at that conduct when deciding conservatorship.
If you are a mother or father hoping to resolve this without a hearing, tell us. Many paternity cases settle through direct negotiation or mediation, and we draft agreed orders that a judge can sign. If the other parent will not engage, we are prepared to file, request temporary orders so the child’s schedule and support are not left in limbo, and take the case forward.
How Possession and Support Work Once Paternity Is Established
Establishing paternity opens the door to the same orders any parents can get: conservatorship (Texas’s term for custody), possession and access (visitation), and child support. Texas courts favor frequent and continuing contact with both parents, but that does not mean an equal split is automatic. For new orders where the parents live within 50 miles of each other, the default is now the Expanded Standard Possession Order, which includes Thursday overnights and weekends that run through Monday morning. Parents with older orders must file a modification to move to that schedule, and parents can agree to something different if it serves the child.
Child support follows percentage guidelines applied to the paying parent’s monthly net resources: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five. For six or more children, it is not less than the five-child amount. The percentages apply only up to a cap on net resources that the state adjusts periodically, and a lower schedule applies to very low-income parents. Net resources include wages, salary, commissions, overtime, tips, and bonuses. A court can depart from the guidelines when they would be unjust, such as when a child has extraordinary medical needs.
Orders can be changed later. Support can be modified after three years if the amount differs from the guideline figure by 20 percent or $100, or sooner on a material and substantial change in circumstances. Changing conservatorship or possession requires a material and substantial change and a finding that the change is in the child’s best interest.
Dripping Springs Paternity Questions Answered
Does a father have rights if he was never married to the mother?
Not automatically. An unmarried biological father needs to be legally established through a signed acknowledgment or a court order before he can enforce possession, make decisions, or be ordered to pay support. Until then, he is a biological parent without enforceable legal rights.
What is the difference between paternity and a SAPCR?
Paternity decides who the legal father is. A SAPCR, or Suit Affecting the Parent-Child Relationship, decides what follows from that: conservatorship, possession and access, and child support. In practice the two are often filed together in one case.
Can I take back an acknowledgment of paternity I signed?
You can rescind it within 60 days of signing. After that window closes, you can challenge it only on grounds of fraud, duress, or material mistake of fact, and only before an order affecting the child is issued. That is a high bar, so acting quickly matters.
What if the mother was married to someone else when the child was born?
Her husband is presumed to be the father. A suit to adjudicate parentage by a presumed father, the mother, or another person must generally be filed within four years of the child’s birth, unless an exception applies, such as the spouses not living together or having intercourse around the time of conception, or a misrepresentation that kept the presumed father from asserting paternity.
How is child support calculated in a paternity case?
The same way as in any Texas case. The court applies a percentage to the paying parent’s monthly net resources based on the number of children, up to a cap that the state periodically adjusts. The court can depart from the guidelines when they would be unjust or inappropriate.
Do I have to take a DNA test?
If parentage is genuinely disputed, a court can order genetic testing. Many parents agree to testing voluntarily to avoid a contested hearing. If paternity is not disputed, testing may not be needed at all.
Can a biological father who missed the four-year window still get rights?
Possibly, but it is harder. The deadline has exceptions, and some situations fall outside it entirely. Whether you qualify depends on the specific facts, including whether a presumed or acknowledged father exists, so it is worth having an attorney review your timeline rather than assuming the door is closed.
If we agree on everything, do we still need to go to court?
Yes, to get an enforceable order. An informal arrangement between parents cannot be enforced if one of you stops cooperating. An agreed order, signed by a judge, can. We draft agreed orders so you can resolve the case without a contested hearing when you and the other parent are aligned.
Can a stepparent or other non-parent seek custody or possession of a child?
Texas narrowed standing for non-parents such as stepparents in 2025. The law now looks to whether the person has had exclusive care, control, and possession of the child, rather than the earlier six-month standard. These cases are fact-specific and should be reviewed with an attorney before filing.
How long does a paternity case take?
It depends mostly on whether the parents agree. An uncontested case can resolve quickly once the paperwork is prepared and the court approves the order. A contested case involving genetic testing, disputed possession, or disagreement over support takes longer and depends on the court’s calendar.
Can paternity be established after a child is already a teenager?
It can be, depending on the circumstances. The four-year limits apply in specific situations, such as when a presumed or acknowledged father already exists. If no father has been legally established, a suit to adjudicate parentage is not tied to those deadlines in the same way, though support and possession issues will look different for an older child.
Paternity Representation Across Dripping Springs and Hays County
We represent parents in Dripping Springs and throughout Hays County, including Wimberley, Driftwood, Buda, Kyle, San Marcos, Mountain City, and Bear Creek, along with the rural areas and neighborhoods in between. Family cases from these communities are heard through the Hays County courts in San Marcos, and we work with families on both sides of that process.
Our work also reaches the neighboring counties. In Travis County, we serve clients in Austin, Bee Cave, Lakeway, West Lake Hills, Rollingwood, Manor, and Pflugerville. In Williamson County, we represent families in Georgetown, Round Rock, Cedar Park, Leander, Liberty Hill, and Taylor. In Bastrop County, we serve Bastrop, Elgin, Smithville, and the surrounding communities. Whether the case belongs in Hays, Travis, Williamson, or Bastrop County depends on where the child lives and where any existing orders were issued, and we help you file in the right place.
Talk With a Dripping Springs Paternity Lawyer About Your Case
Whether you are a father trying to secure your place in your child’s life, a mother seeking support and a stable schedule, or someone who has just learned that the paperwork may not match the facts, a conversation with a Dripping Springs paternity lawyer can clarify which deadlines apply to you and what your options look like. Call the Law Office of Oprea & Weber to schedule a consultation, and you will talk directly with an attorney who will personally handle your case from start to finish.
