Round Rock Child Custody Attorney

Parents in Round Rock who are separating, divorcing, or sorting out a parenting arrangement with a former partner are usually facing one question above all others: where will the kids live, and how will the time be divided? The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles child custody, visitation, support, paternity, and related disputes for families in Round Rock, Williamson County, and across Central Texas.

If you are searching for a Round Rock child custody attorney, the first thing worth knowing is that Texas does not use the word “custody” in its statutes. The law speaks of conservatorship, which covers the rights and duties of each parent, and possession and access, which is the schedule. Courts begin from the premise that frequent and continuing contact with both parents is good for a child, but that premise does not translate into an automatic 50/50 split. What the judge ultimately decides, or what you and the other parent agree to, depends on the child’s best interest, the practical logistics of two households, and how well the proposed plan will actually function on a school morning.

Round Rock families have a particular logistical backdrop that shapes these plans. Many parents commute south toward Austin or north toward Georgetown, work in tech or healthcare, and send children to Round Rock ISD or Georgetown-area schools. A parenting schedule that looks fine on paper can fall apart when it ignores drive times, school start times, and work shifts, so good custody work is as much about realistic planning as it is about legal rights.

Why Choose The Law Office of Oprea & Weber for Custody Cases

The Law Office of Oprea & Weber is led by attorneys Kevin Weber and Karen Oprea, who handle divorce, child custody, child support, spousal maintenance, property division, paternity, SAPCR suits, and post-divorce modifications for families in Round Rock and throughout Williamson, Travis, Hays, and Bastrop Counties. The firm is intentionally small. The caseload is kept manageable so that your attorney personally handles your case from the first consultation to the final order, and you are not passed down to layers of staff or junior associates. Clients get direct attorney access and explanations in plain language rather than legalese.

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, and he also mediates family law disputes as well as representing clients in mediation, which gives him a useful view of how custody agreements are reached and what makes them 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 in two ways: negotiation skill often decides whether a parenting plan is settled quietly, and appellate-level writing and trial preparation matter when a judge has to decide.

The firm prepares every case as though it may be tried, while steering toward cooperative resolution whenever the other parent is willing. Clients describe the attorneys as knowledgeable, thorough, and caring, and one parent who came to the firm through a personal referral for a custody matter wrote that Kevin helped hold their family steady through a very emotional situation.

Custody Issues Round Rock Parents Bring to Us

• Initial Custody Orders in Divorce: When married parents divorce, the decree must address conservatorship, possession and access, and child support. Whether the parents agree or the judge decides, the order governs the family for years, so the details of the schedule matter.
• Paternity and SAPCR Suits: Unmarried parents typically need a Suit Affecting the Parent-Child Relationship to establish legal parentage and obtain enforceable orders for custody, visitation, and support. Without a court order, a father who has not been legally established has no enforceable rights, and a mother has no enforceable support order.
• Primary Residence Designation: In many Texas orders one parent holds the exclusive right to designate where the child lives, often within a geographic restriction. This right is frequently the most contested piece of a custody case, because it affects school enrollment, child support, and where the family can move.
• Possession Schedules: Texas courts begin with a standard possession order and its expanded version, which adds Thursday overnights and extends weekends through Monday morning. Parents with unusual work hours, shared school-district concerns, or long drives often negotiate a schedule that departs from the default.
• Modification of Existing Orders: A change in a parent’s job, a child’s needs, or a family’s living situation can make an old order unworkable. Modifying conservatorship or possession requires showing a material and substantial change in circumstances and that the change serves the child’s best interest.
• Relocation Disputes: A parent who wants to move out of the area, or a parent who objects to the other’s move, will usually find that a geographic restriction in the existing order controls the outcome. These cases often turn on how a move would affect the child’s relationship with each parent.
• Enforcement: When a parent withholds the child during the other parent’s time, ignores exchange terms, or stops paying support, the court can enforce its order. Documenting each violation is what makes enforcement effective.
• Family Violence and Protective Orders: Allegations of family violence affect conservatorship and possession, and a protective order can restrict contact. These cases require careful handling of both the protective order proceeding and the custody case.

What to Do When Your Custody Situation Is Unsettled

If you are a Round Rock parent in the middle of a custody question, begin by finding out what orders, if any, already exist. If you were married and a divorce is pending, temporary orders can be requested to establish who the children live with, who pays which bills, and what the schedule looks like while the case proceeds. Those temporary arrangements often shape how the final outcome looks, because a court is reluctant to disrupt a routine that is already working for the child. If you were never married and no order exists, the father’s legal status must first be established through a paternity or SAPCR filing before any enforceable schedule can exist.

Williamson County family cases are filed in the district courts at the Williamson County Justice Center in Georgetown, which include the 26th, 277th, 368th, 395th, 425th, and 480th District Courts. A parent whose child lives in Round Rock but whose case was originally decided in Travis County may find that an existing order sits in the Travis County district courts, so you will want to confirm which court holds your current order before filing anything. Travis County also publishes a standing order for family law cases, and parents with cases there should read it, because it governs conduct while a case is pending.

Start gathering records now: school and medical records, your work schedule, a written record of who handles pickups, appointments, and daily care, and any messages that show how each parent communicates and shares responsibility. If you are considering a modification of an existing order, write down the specific changes that have occurred since the order was signed, because a court will want concrete facts rather than general dissatisfaction. Avoid the common mistakes that hurt parents: moving a child out of the area without addressing the order, withholding the child as leverage over money, and posting about the dispute on social media. Judges notice a parent who encourages the child’s relationship with the other parent, and they notice the opposite just as quickly.

One timing point catches parents off guard. If you want to change which parent has the exclusive right to designate the child’s primary residence within one year of the existing order, Texas generally requires an affidavit attached to the suit, and the affidavit must allege specific grounds, such as that the child’s present environment may endanger the child’s physical health or significantly impair emotional development. A modification suit that skips this step can be dismissed, so it is worth having an attorney review the order’s date before anything is filed.

How Texas Courts Decide Conservatorship and Possession

The governing standard is the best interest of the child. Texas courts presume that appointing both parents as joint managing conservators is in the child’s best interest, though joint conservatorship does not mean equal time. Even with joint conservatorship, one parent usually holds the exclusive right to designate the child’s primary residence, and the other parent follows a possession schedule. Parents may agree to an equal schedule, and a court will generally approve it if it serves the child. When parents cannot agree, the judge weighs factors such as each parent’s ability to meet the child’s physical and emotional needs, stability of the home, the child’s relationship with each parent, and any history of family violence or neglect.

The Expanded Standard Possession Order, with Thursday overnights and weekends running through Monday morning, is now the default for new orders when the parents live within 50 miles of each other. Because Round Rock sits close to Austin, Georgetown, Pflugerville, and Cedar Park, many families will fall within that range. Parents who already have an order in place do not automatically receive the expanded schedule; they must file a modification to adopt it.

Modifying an existing custody order requires more than a change of heart. The parent seeking the change must show a material and substantial change in circumstances and that the modification is in the child’s best interest. One recognized ground for changing the primary-residence designation is that the child is at least 12 and has told the judge in chambers which parent the child prefers. Another is that the parent holding the primary-residence right voluntarily gave up primary care and possession to someone else for at least six months. A child’s stated preference informs the court but does not control the decision.

Non-parents, including stepparents and grandparents, face tighter limits than before. Texas has narrowed standing for non-parents who ask for custody or possession, and the law now refers to exclusive care, control, and possession of the child. If a non-parent has been closely involved in a child’s life, the question of whether they can even bring a suit deserves careful, early analysis.

Round Rock Child Custody Questions Answered

Is custody in Texas always split 50/50?

No. Texas law favors frequent and continuing contact with both parents but does not guarantee an equal division. Many orders give one parent the right to designate the primary residence and the other a scheduled possession time. Parents can agree to an equal schedule, and courts will approve it when it serves the child’s best interest.

Which court handles my custody case if I live in Round Rock?

Family cases for Williamson County residents are heard in the county’s district courts at the Justice Center in Georgetown. If an earlier order was issued in another county, that court may keep continuing authority over the case, so confirm where your current order was entered before filing.

How is child support figured alongside custody?

Texas guidelines apply a percentage 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, 40 percent for five, and not less than the five-child amount for six or more. The guidelines apply only up to a net-resources cap that the state adjusts periodically, and a court may depart from them when they would be unjust or inappropriate.

Can I change a custody order if my circumstances have changed?

Yes, but you must show a material and substantial change in circumstances since the last order and that the change is in the child’s best interest. A job change, relocation, a child’s evolving needs, or a parent’s inability to follow the order can all qualify, depending on the facts.

What is the Expanded Standard Possession Order?

It is the default schedule for new orders when parents live within 50 miles of each other. It adds Thursday overnights and extends weekend possession through Monday morning. Parents with older orders must file a modification to adopt it.

What if we were never married and there is no court order?

Without a court order, there is no enforceable custody or support arrangement. A father must be legally established, either through an acknowledgment of paternity or a court adjudication, and then a SAPCR suit can set conservatorship, a possession schedule, and child support.

How long do I have to challenge paternity?

It depends on the situation. When a child has a presumed father, a suit to adjudicate parentage generally must be brought within four years of the child’s birth, subject to exceptions such as when the presumed father and mother did not live together or have intercourse during the likely time of conception. An acknowledgment of paternity can be rescinded within 60 days of signing; after that, it can be challenged only on grounds of fraud, duress, or material mistake of fact.

Can a child choose which parent to live with?

Not outright. A child who is at least 12 can tell the judge in chambers which parent the child prefers to designate the primary residence, and that is a recognized ground for modification. The judge considers the preference but still decides based on the child’s best interest.

Will a protective order affect my custody case?

It can. A protective order may restrict contact and influence conservatorship and possession. Protective orders generally last for the period stated, up to two years, though longer orders are possible in specific circumstances, such as serious bodily injury or prior protective orders. An order issued against a party in a divorce case lasts until the second anniversary of the signed final decree.

If my spouse and I agree on everything, can the custody order be signed right away?

No. Texas imposes a 60-day waiting period from the date a divorce petition is filed before a court may grant the divorce, and agreement between the spouses does not waive it. The exceptions are narrow and involve family violence. Parents can still sign an agreement early, but the decree must wait.

Can a stepparent or grandparent seek custody?

Standing for non-parents has been narrowed. Texas law now focuses on whether the person has had exclusive care, control, and possession of the child, a stricter test than the earlier six-month standard. Whether a non-parent can bring a suit is a threshold question that should be examined before anything is filed.

Is mediation an option in a custody dispute?

Yes, and it is often the fastest and least costly route. A neutral mediator helps parents work toward an agreement, and Kevin Weber both mediates family law disputes and represents clients in mediation. Agreements reached this way are put into an order the court can enforce.

Round Rock Custody Representation Across Williamson County and Beyond

The firm represents parents throughout Round Rock and the surrounding communities of Williamson County, including Georgetown, Cedar Park, Leander, Hutto, Taylor, Liberty Hill, Florence, Jarrell, Granger, Weir, and Bartlett. Within Round Rock, that includes families in Brushy Creek, Teravista, Forest Creek, and the neighborhoods along the Old Settlers and Gattis School Road corridors.

We also serve parents in neighboring Travis County, including Austin, Pflugerville, Manor, Lakeway, and Bee Cave, as well as families in Hays County in Kyle, Buda, San Marcos, and Dripping Springs, and in Bastrop County in Bastrop, Elgin, and Smithville. Custody disputes often cross these lines, because a parent may live in Round Rock while the other lives in Austin or Pflugerville, and an existing order may sit in a different county’s court. Our attorneys work across all four counties and across Central Texas.

Speak With a Round Rock Child Custody Attorney

Custody decisions made now shape your children’s daily lives and your own for years. If you are working out an initial parenting plan, trying to change an order that no longer fits, or dealing with a parent who is not following the existing one, a conversation with a Round Rock child custody attorney at The Law Office of Oprea & Weber can clarify where you stand and what a realistic outcome looks like. Call to schedule a consultation, and you will speak directly with an attorney who will personally handle your case.