Bastrop County Child Custody Attorney

Parents in Bastrop County who are separating, divorcing, or sorting out a parenting arrangement with a former partner are usually making decisions about their child’s home, school week, and holidays for the next decade or more. The Law Office of Oprea & Weber handles Bastrop County child custody cases, along with divorce, child support, paternity, SAPCR suits, and modifications, for families in Bastrop and across Central Texas.

Texas does not use the word “custody” in its statutes. The law speaks of conservatorship, which covers decision-making rights and duties, and possession and access, which covers the actual schedule. Those two pieces get negotiated and sometimes fought over separately, and the way they are written into an order determines how daily life works for your family long after the hearing is over.

One change deserves attention from any parent in the county. For new orders where the parents live within 50 miles of each other, the Expanded Standard Possession Order is now the default schedule. It adds Thursday overnights and extends weekend possession through Monday morning. Parents who already have an older order do not receive the new schedule automatically; they must file a modification to adopt it.

Why Choose Oprea & Weber for Custody Cases Involving Bastrop County Families

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving families in Bastrop County, Travis County, Williamson County, Hays County, and throughout Austin and Central Texas. The firm’s attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. The firm keeps its caseload intentionally manageable, which means your attorney personally handles your case from the first consultation through the final order. You are not passed to layers of staff or junior associates, and you get direct access to the lawyer making decisions about your case, with explanations in plain language.

Custody disputes reward preparation. Kevin Weber trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, and that background shows up in how he builds a parenting case: organized evidence, a clear negotiating position, and no wasted motion. 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. That appellate experience matters when a custody order has to be drafted precisely enough to survive scrutiny, or when a ruling needs to be challenged.

Kevin also mediates family law disputes and represents clients in mediation, so he understands both what a mediator needs to hear and what makes an agreement hold up in practice. The firm resolves cases cooperatively whenever that serves the child and the client, and prepares every file as though it may be tried. Clients describe the attorneys as knowledgeable, thorough, and caring. One client who came to the firm for a child custody matter through a personal referral said Kevin was professional and friendly, gave great legal guidance, and helped hold the family steady through a very emotional situation.

The Disputes Bastrop County Custody Cases Tend to Turn On

• Conservatorship and Decision-Making Rights: Texas presumes that appointing both parents as joint managing conservators is in a child’s best interest. The real fight is often over which parent holds the exclusive right to decide medical care, education, or the child’s primary residence, and whether those rights are shared or divided.
• The Primary Residence Designation: Under a standard order, one parent has the right to designate where the child lives. In a county with a mix of rural acreage, Bastrop town, and commuter neighborhoods tied to Austin, this designation often comes with a geographic restriction that matters a great deal to both parents.
• Possession Schedules: The Expanded Standard Possession Order is the starting point where parents live within 50 miles, but many families agree to something different, such as an equal week-on, week-off rotation. Courts approve agreed schedules that serve the child’s best interest.
• Relocation Disputes: A parent who wants to move out of the area, or a parent who is being asked to stay, will find that the geographic restriction in the existing order controls. Moving a child away without addressing it can lead to enforcement action.
• Paternity and Unmarried Parents: A father who has not been legally established cannot enforce custody or visitation rights. A suit affecting the parent-child relationship, commonly called a SAPCR, establishes parentage and sets conservatorship, possession, and support in one case.
• 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 child who is at least 12 can tell the judge in chambers which parent the child prefers, and that is one recognized ground for changing the primary residence.
• Protective Orders and Family Violence: Allegations of family violence reshape custody cases, affecting supervised possession, exchange arrangements, and temporary orders. A protective order generally lasts up to two years unless the court makes specific findings that allow a longer term.
• Non-Parent Claims: Stepparents, grandparents, and other caregivers have narrower standing to seek custody or possession than they once did. The law now focuses on whether the person has had exclusive care, control, and possession of the child.

What to Do and Where to Go When a Custody Question Is Pending in Bastrop County

Start by gathering what a court will actually care about: your child’s school and medical records, your work schedule, any messages with the other parent about the child, and a plain record of who has handled daily care. Judges decide custody on the child’s best interest, and evidence of who gets the child to school, doctor visits, and activities carries more weight than general claims about being a good parent. Keep communications with the other parent civil and in writing. Messages you send now may be read aloud in a courtroom later.

Custody cases in Bastrop County are filed in the district courts that sit in the county seat of Bastrop. The 423rd District Court hears only matters arising within Bastrop County, and the 21st District Court also sits in Bastrop. Which court takes your case depends on how the matter is assigned, so your attorney will confirm that at filing. Do not rely on an outdated or informal schedule when the case begins; temporary orders, which set who the child lives with and how time is divided while the case is pending, are often the most consequential early step. Either parent can request them, and they tend to shape the final result because they establish the routine a judge sees working.

If you are married and filing for divorce, remember that Texas requires one spouse to have lived in the state for six months and in the filing county for 90 days. The court cannot grant a divorce before the 60th day after filing, even if both of you agree on everything, with narrow exceptions tied to family violence. Parents who were never married are not subject to a waiting period in the same way, but establishing paternity comes first if the father is not already legally recognized. If an acknowledgment of paternity has been signed, it can be rescinded within 60 days, and afterward challenged only for fraud, duress, or material mistake of fact.

The most common mistakes are predictable. Parents move out of the child’s home without a written plan, withhold the child as leverage, or move the child to a new area before an order addresses it. Others sign an agreed order without understanding what the geographic restriction or the possession schedule actually requires. Talk to an attorney before signing anything, and before any change in where the child sleeps becomes the new normal.

How a Custody Attorney Builds and Defends a Parenting Case

The work happens well before a hearing. In practice, an attorney in these cases frames the parenting plan the judge will see as realistic, drafts the proposed order, prepares the client to testify, gathers records, and handles negotiation and mediation so that most issues are resolved without a trial. The drafting itself is a skill. A possession order that is vague about exchange times, holidays, or travel invites enforcement fights. A precise one prevents them.

When parents disagree, discovery and hearings come into play. Your attorney identifies which facts matter under the best-interest standard, which witnesses can speak to them, and which accusations will not help your position even if they feel important. Texas courts expect parents to put their children first, and judges notice who is trying to resolve problems and who is escalating them. Preparing for trial gives you leverage in negotiation, and the firm does both at once: it pursues a workable agreement while building the record in case one is not possible.

After the order is signed, the work may continue. If the other parent is not following the order, enforcement is available. If your circumstances change substantially, such as a new job schedule, a relocation, or a change in the child’s needs, a modification may be appropriate. A modification of the primary residence filed within one year of the earlier order requires an attached affidavit alleging specific grounds, such as danger to the child’s physical health or emotional development, so timing and pleading matter.

Bastrop County Custody Questions Parents Ask

Is custody in Texas always split 50/50?

No. Texas favors frequent and continuing contact with both parents but does not guarantee an equal split. Many orders follow the standard possession schedule, where one parent designates the primary residence and the other has scheduled possession. Parents can agree to an equal schedule, and courts approve it when it serves the child’s best interest.

What is the difference between conservatorship and possession?

Conservatorship covers the rights and duties of each parent, including who makes decisions about education, health care, and where the child lives. Possession and access covers the actual schedule of when the child is with each parent. They are decided separately and can be allocated differently.

What is the Expanded Standard Possession Order?

It is the default possession 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. It does not automatically replace an older order, so a parent who wants it must file a modification.

How old does a child have to be to choose which parent to live with?

A child’s preference does not decide the case, but a child who is at least 12 may tell the judge in chambers which parent the child prefers to have the right to designate the primary residence. That is one recognized ground for modifying the primary residence designation. The judge still decides based on the child’s best interest.

Can I change a custody order if my circumstances change?

Yes, but you need a material and substantial change in circumstances since the last order, and the change you want must serve the child’s best interest. If the request involves the right to designate the primary residence and is filed within one year of the earlier order, an affidavit supporting specific grounds must be attached.

My child’s other parent and I were never married. Do I have custody rights?

A mother generally has them from the start. A father must be legally established, through an acknowledgment of paternity or a court adjudication, before he can enforce rights. A SAPCR can establish parentage and set conservatorship, possession, and support together.

Is there a deadline to challenge paternity?

Often yes. When a child has a presumed father, a proceeding to adjudicate parentage generally must be filed before the child’s fourth birthday, with narrow exceptions. A signed acknowledgment of paternity can be rescinded within 60 days, and after that only challenged for fraud, duress, or material mistake of fact.

How long does a custody case usually take in Bastrop County?

It depends on whether the parents agree. A case resolved by agreement can move quickly, while contested cases involving relocation, family violence allegations, or complex schedules take considerably longer. In a divorce, nothing can be finalized before the 60-day waiting period runs, regardless of agreement.

Can a stepparent or grandparent ask for custody or visitation?

It is harder than it used to be. Texas has narrowed standing for non-parents, and the focus is now on whether the person has had exclusive care, control, and possession of the child. A non-parent considering a claim should speak with an attorney early, because the facts about who has actually been caring for the child drive the analysis.

What happens if the other parent violates our custody order?

You can seek enforcement through the court that issued the order. Keep records of each violation, such as missed exchanges, withheld possession, or ignored restrictions, because specific dates and documentation make enforcement more effective. Do not respond by withholding the child or ignoring the order yourself.

Does a protective order affect custody?

It can. A protective order generally lasts up to two years, with a longer term available only when specific statutory findings are made. It often affects temporary orders, exchange arrangements, and supervised possession, and it can be renewed by filing a new application no more than 30 days before it expires.

Is a cooperative or mediated approach right for a custody dispute?

Often, yes, when both parents can communicate in good faith. Mediation is generally faster, less expensive, and less stressful than trial, and parents tend to follow agreements they helped build. When there is significant conflict or safety concerns, each parent should have their own attorney and the case may need court intervention.

Representing Custody Clients From Bastrop to the Rest of Central Texas

Oprea & Weber represents parents throughout Bastrop County, including the city of Bastrop, Elgin, Smithville, Cedar Creek, Paige, Red Rock, Rosanky, McDade, Wyldwood, Camp Swift, and Circle D-KC Estates. We also work with families in the communities along State Highway 71 and the rural stretches of the county that connect to the Austin area.

The firm’s reach extends to neighboring counties as well. Families in Travis County, including Austin, Manor, Pflugerville, and Del Valle, often cross county lines for work, and parenting plans there have to account for that commute. We also serve clients in Williamson County, including Georgetown and Round Rock, and in Hays County, including San Marcos, Kyle, and Buda. Wherever your case is filed, we handle conservatorship, possession and access, child support, paternity, SAPCR suits, modifications, relocation, and enforcement.

Talk With a Bastrop County Child Custody Attorney About Your Family’s Plan

Whether you are drafting a first parenting plan, responding to a petition, or trying to change an order that no longer fits your child’s life, the decisions you make early tend to define what follows. A Bastrop County child custody attorney at Oprea & Weber will listen to your goals, explain where the law gives you room, and build a strategy around your child and your circumstances. Call to schedule a consultation and talk through where your case stands and what comes next.