Pflugerville Child Custody Attorney
Most parents who come to us want the same thing: a parenting arrangement their child can actually live with, week after week, without a fight at every exchange. The Law Office of Oprea & Weber is a boutique divorce and family law firm that helps parents in Pflugerville and across Travis County and Central Texas reach that point, whether through negotiation, mediation, or a courtroom when it comes to that. If you are searching for a Pflugerville child custody attorney, you are probably trying to work out where your child will sleep, who makes the big decisions, and how holidays will be split.
Texas does not use the word “custody” in its statutes. The law speaks of conservatorship, which covers decision-making rights, and possession and access, which covers the schedule. Pflugerville families sit in a part of Travis County where many parents commute toward downtown Austin, the Domain, or the Round Rock corridor, and that daily reality shapes what a workable schedule looks like. A plan that ignores the drive between two homes tends to fall apart within a few months.
Why Choose Oprea & Weber for a Pflugerville Custody Case
The Law Office of Oprea & Weber handles divorce, child custody and visitation, child support, spousal maintenance, property division, paternity, SAPCR suits, and modifications, relocation, and enforcement for families in Travis, Williamson, Hays, and Bastrop Counties. Clients in Pflugerville, Austin, and the surrounding Central Texas communities work directly with an attorney from the first consultation through the final order. The firm keeps its caseload intentionally manageable, so you are not handed off to layers of staff or junior associates, and you can reach the lawyer who actually knows your file.
Kevin Weber, Attorney, and Karen Oprea, Attorney, both graduated magna cum laude from the University of Michigan Law School. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, and he also mediates family law disputes as well as representing clients in mediation, which gives him a practical read on what a settlement needs to look like to hold up. 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. In a custody case, that background matters twice: once when the goal is a negotiated parenting plan drafted tightly enough to avoid future disputes, and again when a contested hearing requires real trial preparation and, if needed, an appellate-minded record.
Clients describe the firm as knowledgeable, thorough, and caring, and several mention that their attorney explained legal language in terms they could apply to their own situation. That plain-language approach is deliberate. We prepare every case as though it may be tried, and we pursue cooperative resolution whenever the other parent makes that possible.
The Issues That Drive Custody Disputes in Texas
- Conservatorship and Decision-Making: Texas presumes that parents should be joint managing conservators, but joint does not mean equal. The court decides which parent holds the exclusive right to designate the child’s primary residence, and which parent has the final say, if either, over education, medical care, and psychiatric treatment.
- The Possession Schedule: New orders where the parents live within 50 miles of each other now default to the Expanded Standard Possession Order, which adds Thursday overnights and extends weekends through Monday morning. Parents can agree to something different, including an equal schedule, if it serves the child.
- Geographic Restrictions: Many orders limit where the primary parent may move the child’s residence, often to a county or set of counties. Relocation fights between Travis and Williamson County parents, or involving a move out of Central Texas, are among the most contested issues we see.
- Paternity and Unmarried Parents: An unmarried father has no enforceable custody rights until parentage is established through an acknowledgment of paternity or a court order. A SAPCR, a Suit Affecting the Parent-Child Relationship, resolves parentage, custody, possession, and support in one case.
- Allegations of Family Violence or Endangerment: Protective orders and abuse allegations affect conservatorship and supervised-visitation decisions. A protective order generally lasts up to two years, with longer terms available only on specific findings.
- Modification After an Order Is Entered: Changing conservatorship or the schedule requires a material and substantial change in circumstances and a showing that the change serves the child’s best interest. A job change, a remarriage, a parent’s relocation, or a child’s changing needs can all be the starting point.
- Non-Parent Claims: Stepparents and other non-parents face narrower standing to seek custody or possession than they once did, and the statute now centers on exclusive care, control, and possession of the child.
- Enforcement: When a parent withholds the child, ignores the schedule, or stops following the order, the remedy is an enforcement action rather than self-help.
What to Do Right Now If a Custody Dispute Is Brewing
Start by getting the facts on paper while they are fresh. Write down the schedule your child has actually been living, who handles school pickups, doctor visits, and daily routines, and any incidents that worry you. Courts care about the child’s real day-to-day life, so calendars, school communications, and texts between you and the other parent are far more useful than general complaints. Keep your own messages civil, because everything you send may be read aloud in a hearing.
If a case is not yet filed, think carefully before moving out or agreeing to an informal arrangement. In a married couple’s divorce, a petition starts the clock on the 60-day waiting period, and either spouse can ask for temporary orders on where the children live and who pays what while the case is pending. Residency matters too: one spouse must have lived in Texas for six months and in the filing county for 90 days. For unmarried parents, the case is a SAPCR, and there is no waiting period for the court to enter orders, but there is also no order at all until someone files.
Cases from Pflugerville are filed with the district courts of Travis County, which hear their contested hearings and trials in person at the Travis County Civil and Family Courts Facility in Austin unless the judge or the parties arrange otherwise. Travis County publishes a Standing Order for Family Law Cases, and you should read it early, because it sets baseline conduct rules for parents while a case is pending. If the other parent lives in Williamson County or Hays County, the proper county for filing can turn on where the child lives, and we sort that out before anything is filed.
The most common mistakes we see are posting about the case on social media, discussing the case with your child, withholding the child to gain leverage, and signing an agreed order without understanding its geographic restriction or its schedule. A signed agreed order is difficult to undo. We would rather you call before signing than after.
How Texas Courts Decide Custody and Possession
The controlling standard is the best interest of the child. There is no formula, and no single factor decides a case. Judges look at the child’s physical and emotional needs, each parent’s ability to meet them, the stability of each home, any history of family violence or neglect, and each parent’s willingness to support the child’s relationship with the other. A parent who undermines the other parent in front of the court usually does themselves more harm than good.
A child who is at least 12 may tell the judge, in chambers, which parent the child prefers to have the right to designate primary residence. That statement is a recognized ground for modification, but it is one input, not a vote. Judges weigh the reasons behind a preference, and we prepare parents for how to handle that conversation without coaching the child.
Modifying a primary-residence order soon after it is entered carries extra hurdles. If you file within one year of the order, you generally must attach an affidavit alleging that the child’s present environment may endanger physical health or significantly impair emotional development, or that the parent with primary residence rights agrees or is seeking the change, or that the child has been voluntarily left in another person’s primary care for at least six months. Those requirements are strict, and an incomplete affidavit can end the filing before it gets started.
Common Questions About Child Custody in Pflugerville
Is custody in Texas always split 50/50?
No. Texas favors frequent and continuing contact with both parents, but that does not require equal time. Parents can agree to an equal schedule, and the court will approve it when it serves the child. Without agreement, many families receive a standard or expanded standard possession order with one parent designating the primary residence.
What is the Expanded Standard Possession Order?
It is the default schedule for new orders when the parents live within 50 miles of each other. It adds Thursday overnights and extends weekend possession through Monday morning, giving the non-primary parent noticeably more time than the older schedule did. Parents with existing orders must file a modification to adopt it.
Does the mother automatically get custody?
No. Texas law does not favor mothers over fathers. Both parents start on equal legal footing, though an unmarried father must first establish legal parentage before a court can give him conservatorship or possession rights.
How do I establish paternity so I can seek custody?
You can sign an acknowledgment of paternity, which can be rescinded within 60 days, or file a SAPCR asking the court to adjudicate parentage. Time limits apply to challenging a presumed father’s status, generally four years from the child’s birth, with narrow exceptions. Do not wait if parentage is in question.
How is child support tied to custody?
Support is a separate calculation, but it follows the possession arrangement. Guideline support is a percentage of the paying parent’s monthly net resources, 20 percent for one child, 25 for two, 30 for three, 35 for four, and 40 for five, up to a statutory cap on the income to which the percentages apply. Courts can depart from the guidelines when they would be unjust or inappropriate.
Can a child choose which parent to live with?
Not on their own. A child who is 12 or older can tell the judge in chambers which parent they prefer, and that can be a ground for modifying primary residence, but the judge decides based on best interest.
Can I move out of Pflugerville with my child?
It depends on your order. Many orders restrict the child’s residence to a defined geographic area. Moving outside it without a modification or the other parent’s agreement exposes you to enforcement. If you are considering a move, talk to a lawyer before you sign a lease.
What if my ex has started a new relationship or moved in with someone? Is that enough to change custody?
Usually not by itself. A modification requires a material and substantial change in circumstances affecting the child, and the change must serve the child’s best interest. A new partner matters if they create safety, stability, or behavioral concerns for the child.
How long does a custody case take in Travis County?
An agreed case can wrap up soon after any applicable waiting period; in a divorce the minimum is 60 days from filing. A contested case involving expert evaluations or disputed facts commonly takes many months. The pace depends on how quickly the parents narrow their disagreements and on the court’s calendar.
Can a stepparent or grandparent get custody or visitation?
Standing is limited. Non-parents must meet narrower statutory requirements than before, centered on having exclusive care, control, and possession of the child. Whether a particular stepparent or grandparent qualifies depends on the specific facts, and it is worth a consultation before any filing.
What if the other parent is not following the possession schedule?
Document each missed or withheld exchange and bring it to a lawyer. The remedy is an enforcement action, which can result in make-up time, fees, and other relief. Withholding your own child in response can backfire badly.
Do we have to go to court if we agree on everything?
Even agreed cases need a signed order from the court. Mediated and collaborative resolutions are often faster and cheaper, and Kevin Weber’s work as a family law mediator and as counsel in mediation helps parents reach agreements that last.
Pflugerville Custody Representation Across Travis County and Central Texas
We begin with Pflugerville and the Travis County communities around it, including Windermere, Falcon Pointe, Heatherwilde, Wilbarger Creek, Cele, and Manor to the east. From there our reach runs south into Austin’s Mueller, Windsor Park, Hyde Park, and Circle C neighborhoods, west toward Bee Cave, Lakeway, and Lago Vista, and north into Williamson County, where we represent parents in Round Rock, Georgetown, Cedar Park, Leander, Hutto, Taylor, and Liberty Hill.
We also serve families in Hays County, including San Marcos, Kyle, Buda, and Dripping Springs, and in Bastrop County, including Bastrop, Elgin, and Smithville. Whether the case is a first-time custody order, a modification after a job change, or a relocation dispute that spans two counties, we handle it from the first conversation through the final order.
Talk With a Pflugerville Child Custody Attorney Today
If you need a Pflugerville custody attorney who will tell you plainly where you stand and build a plan around your child’s actual life, we are ready to talk. Call The Law Office of Oprea & Weber to schedule a consultation, and you will speak with an attorney who will personally handle your case, explain your options in plain language, and help you move toward a parenting arrangement that works.