Travis County Child Custody Attorney

A custody case ends with a written order that decides where your child sleeps on a Tuesday night, who handles school pickups, and how holidays get split for years to come. The Law Office of Oprea & Weber is a boutique divorce and family law firm that handles Travis County child custody attorney work for parents in Austin and throughout Central Texas, including custody and visitation, SAPCR suits, paternity, child support, relocation disputes, and modifications of existing orders.

Texas does not use the word “custody” in its statutes. The legal terms are conservatorship (who holds decision-making rights) and possession and access (the schedule). Getting those two pieces right matters more than winning a label, because the details of the order are what you will live with every week. Our Austin child custody lawyers build those details around how your family actually runs, and they prepare each case as though a judge will have to decide it.

What Travis County Family Courts Look At in a Custody Case

Travis County hears family cases in its Civil and Family Courts Facility in downtown Austin. The county’s civil court system includes twelve district courts, four associate courts, two county courts at law, and two Title IV-D child support courts. Family law cases land in district courts such as the 200th, 201st, 250th, 261st, 345th, 353rd, 419th, 455th and 459th, and the courts publish a Standing Order for Family Law Cases that governs conduct while a case is pending. Unless the parties agree otherwise or the judge says differently, contested hearings and trials are held in person.

The governing question in every custody decision is the best interest of the child. Texas law favors frequent and continuing contact with both parents, and it presumes that parents will be named joint managing conservators. That presumption does not mean a 50/50 schedule. Most orders designate one parent to establish the child’s primary residence, and the other parent receives a possession schedule. Judges look at each parent’s history of caring for the child, stability of the home, the child’s needs, safety concerns, and each parent’s willingness to support the child’s relationship with the other.

The default schedule has also shifted. For new orders where the parents live within 50 miles of each other, the Expanded Standard Possession Order is now the default. It adds Thursday overnights and extends weekend possession through Monday morning. Parents who already have an order under the older schedule do not get the expanded version automatically; they need to file a modification to adopt it.

Why Choose Oprea & Weber for Custody Cases in Austin

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving families across Travis County, Williamson County, Hays County, and Bastrop County. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. Your attorney personally handles your case from the first consultation to the final decree, and we keep our caseload intentionally manageable so you are not passed off to layers of staff or junior associates. You get direct access to the lawyer who knows your file, and we explain your options in plain language.

Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan. That background shows up in custody work when a case turns on financial records, a family business, or a hard negotiation over a parenting plan. Karen Oprea 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. Careful legal writing and appellate-level discipline matter when a temporary orders hearing or a contested trial requires a clean record.

Kevin also mediates family law disputes and represents clients in mediation, which gives him a practical read on what agreements hold up once parents are living under them. We prefer cooperative resolution when it is realistic, because it usually costs less and spares children from conflict. We also prepare every case for trial, and that preparation is what gives a parent leverage at the negotiating table. Clients have described us as knowledgeable, thorough, and caring, and one parent wrote that we helped “hold us steady through a very emotional situation.”

Custody Issues Our Travis County Clients Bring Us

• Original Custody Orders in Divorce: When spouses with children divorce in Travis County, conservatorship, the possession schedule, and child support are all decided in the same decree. We negotiate these terms or try them to the court, depending on what the case requires.
• SAPCR Suits for Unmarried Parents: A Suit Affecting the Parent-Child Relationship lets parents who were never married ask the court to set conservatorship, possession, and support. It is the standard route when there is no divorce to carry those issues.
• Paternity and Establishing Parentage: A father without legal standing cannot ask for custody. Whether parentage is established by an acknowledgment of paternity or by court adjudication, deadlines apply. Challenging an acknowledgment after the 60-day rescission window is limited to fraud, duress, or material mistake of fact.
• Modifying an Existing Order: Changing conservatorship or possession 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 move, or a child’s changing needs can all be starting points.
• Primary Residence Disputes: Who has the right to designate the child’s primary residence is often the most contested term. A child who is 12 or older can tell the judge in chambers which parent they prefer, and that preference is a recognized ground for modification, though it is not controlling on its own.
• Relocation Disputes: Many orders restrict where the child’s primary residence can be. A parent wanting to move out of the area, or objecting to the other parent’s move, needs a strategy for either seeking or opposing a modification.
• Enforcement of Possession Orders: When the other parent withholds the child, misses exchanges, or ignores the order’s terms, enforcement actions put the court’s authority behind what the order already says.
• Safety Concerns and Protective Orders: Allegations of family violence affect custody and can be raised alongside protective order proceedings. A protective order generally lasts up to two years, with longer durations available only on specific findings.

What to Do Right Now If a Custody Dispute Is Starting or Heating Up

Start by getting your existing paperwork in one place. If there is a prior order, a divorce decree, or an acknowledgment of paternity, bring it to your first consultation. The order controls what you can and cannot do today, and the right strategy depends on what it already says. If there is no order, do not assume that informal arrangements will carry weight. A parent who has been exercising a schedule for years has no enforceable right to it until a judge signs an order.

Keep your day-to-day conduct clean. Follow any existing order exactly, even when the other parent does not. Keep communication civil and in writing where possible, since texts and emails often end up as exhibits. Do not coach your child, disparage the other parent in front of them, or withhold the child as leverage. Judges notice which parent supports the child’s relationship with the other, and that factor shapes outcomes more than people expect.

Know where your case will be heard. For a Travis County case, the petition is filed in a district court at the Civil and Family Courts Facility in downtown Austin. If you live in Williamson, Hays, or Bastrop County, your case belongs in your own county’s district courts, such as the Williamson County district courts in Georgetown, the Hays County district courts in San Marcos, or the Bastrop County courts in Bastrop. Venue questions matter, and filing in the wrong place wastes time.

If you want to change a primary residence order, mind the timing. A suit filed within one year of the order, or of the mediated or collaborative settlement agreement it was based on, must include a supporting affidavit. That affidavit has to allege that the child’s present environment may endanger their physical health or significantly impair their emotional development, that the parent with the primary residence right agrees to or is seeking the change, or that the child has lived with someone else for at least six months at that parent’s choosing. Without it, the court cannot proceed on the request. That makes drafting at the front end critical.

For emergencies involving the child’s safety, tell us immediately. Temporary orders hearings exist to stabilize things while a case is pending, and a well-prepared request can set the schedule for months. We help clients assemble the records, witnesses, and proposed terms that a judge needs at that stage.

Standing, Parentage, and Who Can Ask for Custody

Not everyone who cares for a child can ask a Texas court for custody. Parents can, and so can certain others, but standing for non-parents has been narrowed. Stepparents and other non-parents now generally need to show that they have had exclusive care, control, and possession of the child, a tighter standard than the earlier approach built around six months of actual care. If you are a grandparent, stepparent, or other relative in that position, talk with us early, because standing is the first hurdle.

For fathers, legal parentage comes first. A presumed father or the mother must generally bring a proceeding to adjudicate parentage before the child’s fourth birthday, unless an exception applies, such as the parents not having lived together or had intercourse during the probable time of conception, or a misrepresentation that kept the presumed father from acting. Where a father has signed an acknowledgment or been adjudicated, a person who was not a signatory generally has four years from the effective date to challenge it. These time limits are strict, and missing them can close the door.

Common Questions About Custody in Travis County

Is custody in Texas always split 50/50?

No. Texas presumes that both parents will be joint managing conservators, but that is about sharing decision-making, not time. Many families use a standard possession order with one parent designating the primary residence. Parents can agree to an equal schedule, and a court will approve one that serves the child’s best interest.

What is the difference between conservatorship and possession and access?

Conservatorship covers legal rights and duties, such as decisions about education, medical care, and the child’s residence. Possession and access is the actual schedule: weekends, weeknights, holidays, and summer. Two parents can share conservatorship while one has substantially more time with the child.

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 carries weekend possession through Monday morning. Parents with older orders must file a modification if they want it.

How do I change an existing custody order?

You file a suit to modify and prove a material and substantial change in circumstances since the order was made, along with the child’s best interest. Some grounds, such as a child 12 or older stating a preference in chambers or a parent relinquishing primary care for at least six months, are recognized by statute. Orders less than a year old may require a supporting affidavit.

Does my child get to choose which parent to live with?

Not by choosing alone. A child who is at least 12 may tell the judge in chambers which parent they prefer to have the right to designate the primary residence, and that can support a modification. The judge weighs it alongside everything else and still decides on best interest.

How is child support tied to custody?

Support is usually set in the same case as custody. Guideline support is a percentage of the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and not less than that for six or more. The percentages apply up to a cap that the state adjusts periodically, and a court can depart from them when they would be unjust.

Can I get custody if I was never married to the other parent?

Yes, once legal parentage is established. Unmarried parents use a SAPCR suit to get orders on conservatorship, possession, and support. A father who has not signed an acknowledgment or been adjudicated must first establish parentage.

My child’s other parent is not following the order. What can I do?

Keep records of each missed exchange, denied visit, or violation, then talk to us about an enforcement action. Courts can enforce orders, and consistent documentation makes that request far more credible. Do not respond by withholding the child or your own obligations.

How long does a contested custody case take in Travis County?

It depends on the court’s schedule and how much the parents disagree. Agreed orders can move quickly, while contested cases commonly run many months. In a divorce, no decree can be signed before the 60th day after filing, and agreement does not shorten that minimum.

Can a stepparent or grandparent ask for custody or visitation?

Only with standing. After the recent changes, non-parents generally have to show exclusive care, control, and possession of the child. A parent’s fitness is presumed, and these cases are harder to win than parent-versus-parent disputes.

Does a protective order affect my custody case?

It can. Family violence findings carry weight in conservatorship and possession decisions, and a protective order can restrict contact while a case is pending. Protective orders generally last up to two years, with longer terms available only on certain findings, and they can be renewed with a new application filed no more than 30 days before expiration.

Should I try mediation before going to court?

Often, yes. Mediation is usually faster and less expensive than trial, and parents who write their own schedule tend to follow it. Kevin Weber mediates family disputes and represents clients in mediation. If safety or serious conflict makes mediation unrealistic, we prepare for a hearing instead.

Serving Custody Clients Across Travis County and Central Texas

We represent parents throughout Travis County, from downtown Austin and the neighborhoods of Hyde Park, Zilker, Barton Hills, and Clarksville to Mueller, East Austin, South Congress, and Bouldin Creek. Our clients also come from Cedar Park, Pflugerville, Lakeway, Bee Cave, Manor, Jonestown, Lago Vista, West Lake Hills, Rollingwood, and Sunset Valley, along with the communities in the northwest, southwest, and southeast parts of the county.

Beyond Travis County, we serve families in Williamson County, including Round Rock, Georgetown, Leander, Hutto, and Taylor, and in Hays County, including San Marcos, Kyle, Buda, and Dripping Springs. We also work with parents in Bastrop County, including Bastrop, Elgin, and Smithville. Each county has its own courts and local practices, and we handle custody, paternity, support, and modification cases across the region.

Talk With an Austin Child Custody Lawyer

If you are working out a parenting plan, responding to a petition, or trying to change an order that no longer fits your family, we can help you decide what to do next. A Travis County child custody attorney at Oprea & Weber will listen to your goals, explain how Travis County courts approach your situation, and build a plan around your children’s needs. Call to schedule a consultation and speak directly with the attorney who will handle your case.