Cedar Park Child Custody Attorney

A custody case involving a Cedar Park family is filed in Williamson County, not Travis County, and the court that sets your parenting schedule sits in Georgetown. The Law Office of Oprea & Weber handles child custody and visitation, SAPCR suits, paternity, child support, and modifications for families in Cedar Park and across Williamson, Travis, Hays, and Bastrop Counties, and our attorneys personally handle each case from the first consultation to the final order.

Finding a skilled Cedar Park child custody attorney starts with understanding how Texas frames the question. The state does not use the word “custody” in its statutes. It speaks of conservatorship, which covers decision-making rights and duties, and of possession and access, which is the schedule that determines which parent has the child and when. Both are decided under a best-interest standard, and the details of the order you sign or the judge signs can shape your daily life with your child for years.

Some of the rules have recently shifted in ways that matter to Cedar Park parents with commutes toward Austin, Leander, or Round Rock. The default possession schedule for new orders is now an expanded version of the standard order for parents who live within 50 miles of one another, with Thursday overnights and weekends running through Monday morning. Families with older orders do not receive that schedule automatically; they have to file a modification to adopt it.

What the Texas Best-Interest Standard Means in Practice

Judges in Texas start from a policy that favors frequent and continuing contact between a child and both parents, a safe and stable home, and shared responsibility for raising the child. That policy does not mean a 50/50 split is guaranteed. Many families use the Standard Possession Order, where one parent holds the right to designate the child’s primary residence and the other has scheduled weekends, alternating holidays, and extended summer time. Parents are free to agree to an equal schedule, and courts approve those agreements when they serve the child.

Where the work of a lawyer actually matters is in the specifics that a judge or mediator will weigh. Who has handled school pickups, medical appointments, and daily routines? What do the work schedules of each parent allow? Is there a history of family violence, substance abuse, or instability that bears on safety? How does each parent talk about the other in front of the child? Our attorneys build the factual record on these questions early, because positions taken in the first weeks of a case, including at the temporary orders stage, often become the baseline the final order grows from.

The attorney’s job also includes drafting. A parenting plan that looks fine on paper can fail in real life if it is vague about exchange locations, holiday rotations, travel notice, or how decisions about schooling and medical care are divided. Clear language saves families from returning to court. Kevin Weber’s work as both a mediator and an advocate in mediation gives him a practical view of which terms hold up and which ones invite the next dispute.

Why Choose Oprea & Weber for Your Cedar Park Custody Case

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Cedar Park and the rest of Williamson County, along with Travis, Hays, and Bastrop Counties and the wider Central Texas area. Our attorneys, Kevin Weber and Karen Oprea, both graduated magna cum laude from the University of Michigan Law School. We keep an intentionally manageable caseload, which means you work directly with an attorney who knows your file rather than being passed between layers of staff or junior associates. You get direct attorney access and explanations in plain language.

That training translates into custody work in concrete ways. Kevin trained in complex commercial litigation and negotiation at Latham & Watkins in Manhattan, a background that shapes how he prepares evidence and approaches settlement talks. 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, which sharpens the legal research and writing behind contested hearings and any issue that could be preserved for appeal. We prepare every case as though it may be tried, and we pursue cooperative, collaborative, or mediated resolutions whenever the other side makes that possible.

Clients describe us as knowledgeable, thorough, and caring. One client who came to us through a personal referral in a custody matter said Kevin provided great legal guidance and helped hold the family steady through a very emotional situation. Another, in a paternity case after using other attorneys, called him by far the best.

Custody Issues We Handle for Cedar Park Parents

Initial Custody Orders in a Divorce: When spouses with children separate, conservatorship, the possession schedule, and child support are decided together with the property division. Temporary orders set early in the case often shape what follows.
SAPCR Suits for Unmarried Parents: A Suit Affecting the Parent-Child Relationship lets parents who were never married resolve conservatorship, possession, and support, and is often paired with establishing legal parentage.
Paternity and Establishing Parentage: A father without a legal relationship to his child has no enforceable rights until parentage is established. A signed acknowledgment of paternity can be rescinded within 60 days, and later challenges are limited to fraud, duress, or material mistake of fact. Suits to adjudicate parentage for a child with a presumed father generally must be filed by the child’s fourth birthday, subject to exceptions.
Modification of Existing Orders: 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 12 or older can tell the judge in chambers which parent they prefer, which is one recognized ground when the request concerns the primary residence.
Relocation Disputes: A parent with the right to designate the primary residence may be restricted to a geographic area. Moving outside it generally requires agreement or a court order, and these disputes turn on how the move affects the child’s relationship with the other parent.
Enforcement of Possession and Support Orders: When a parent withholds the child, ignores the schedule, or stops paying support, we pursue enforcement so the order means what it says.
Family Violence and Protective Orders: A protective order generally lasts up to two years unless the court makes specific findings that justify longer, and it can directly affect possession and access while it is in force.
Non-Parent and Stepparent Claims: Standing for non-parents to seek custody or possession was narrowed by recent legislation, which now looks to exclusive care, control, and possession of the child. Whether a grandparent, stepparent, or other relative can bring a claim now depends heavily on those facts.

What to Do Now If You Have a Custody Dispute in Williamson County

Start by gathering what a court will actually look at: any existing orders, your child’s school and medical records, a calendar showing who has been caring for the child day to day, and communications with the other parent. Keep those communications civil and in writing where possible. Judges notice the tone of texts and emails, and a record of reasonable behavior helps you. Avoid discussing the dispute with the child, and do not make unilateral changes to the schedule that you would object to if the other parent made them.

If you have not yet filed, think about where the case belongs. Custody cases are heard by district courts, and for a Cedar Park resident that generally means the Williamson County district courts in Georgetown, which include the 26th, 277th, 368th, 395th, 425th, and 480th, along with the County Courts at Law. Where a case already exists, such as an order out of Travis County, the question of which court retains authority over later changes is a real one, and it is worth settling before anything is filed. When a divorce is involved, remember that at least one spouse must have lived in Texas for six months and in the filing county for 90 days, and that the court cannot grant the divorce until 60 days after filing, even when everything is agreed.

Where there is an emergency, such as a safety concern for the child, tell your attorney immediately. Protective orders and temporary orders can be sought quickly, and the type of evidence you bring matters. A common mistake is waiting for a situation to improve while the other parent builds a record of de facto control. Another is signing an agreed order without checking what the schedule looks like over a full year of holidays, summers, and school breaks. A modification to fix a poorly drafted order is harder than getting the order right the first time. A consultation lets us look at your documents and tell you which court, which filing, and which strategy fit your facts.

Changing a Custody Order: Modification Rules and Timing

Parents often assume an order can be revisited any time circumstances feel different. The standard is stricter. The change must be material and substantial, and a judge must also find the modification is in the child’s best interest. Examples that courts treat seriously include a parent who has voluntarily relinquished primary care of the child to someone else for at least six months, a child’s present environment that may endanger the child’s physical health or significantly impair emotional development, or a significant change in a parent’s circumstances.

There is an added procedural hurdle in the first year. A suit to change the exclusive right to designate the child’s primary residence, filed within a year of the order or of a mediated or collaborative settlement agreement it rests on, must be supported by an affidavit alleging specific grounds. Without it, the request can be dismissed before it is heard. Certain convictions or deferred adjudications for offenses against a child lift both the one-year restriction and the material-change burden.

Child support follows its own path. It can be modified on a material and substantial change in circumstances with no minimum waiting period, or after three years if the monthly amount differs from the guideline amount by 20 percent or $100. Guideline support is a percentage of the paying parent’s net monthly resources: 20 percent for one child, 25 for two, 30 for three, 35 for four, and 40 for five, with at least that last amount for six or more, applied up to a statutory cap on net resources that is adjusted periodically. The work of a custody attorney often includes revisiting support alongside the schedule, because the two are linked.

Cedar Park Child Custody Questions, Answered

Is custody in Texas always split 50/50?

No. Texas law favors frequent contact with both parents but does not require an equal division of time. Many families use the Standard Possession Order, and parents can agree to an equal schedule if it serves the child.

Which court handles a custody case for a Cedar Park family?

Custody suits are filed in a district court, and for Cedar Park residents that is generally a Williamson County district court in Georgetown. If an earlier order was issued elsewhere, the question of which court keeps authority should be examined before filing anything new.

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 the child’s residence. Possession and access is the schedule that determines when each parent has the child.

How does the new Expanded Standard Possession Order affect me?

For new orders where parents live within 50 miles of each other, the expanded schedule, with Thursday overnights and weekends through Monday morning, is now the default. If you already have an order, it does not change on its own; you would need to file a modification to adopt it.

How does the court decide who gets to designate the primary residence?

The judge weighs the child’s best interest, looking at stability, each parent’s involvement and ability to meet daily needs, safety concerns, and the child’s relationship with each household. Parents can agree on this designation, and a judge will usually approve an agreement that serves the child.

Can my child choose which parent to live with?

A child who is 12 or older may tell the judge in chambers which parent they prefer to have the right to designate the primary residence, and that preference is a recognized ground for modification. It is a factor, not a decision; the court still must find the change serves the child’s best interest.

I never married the other parent. Can I still get custody rights?

Yes, but legal parentage must be established first for a father without a presumption or acknowledgment. Once parentage is settled, a SAPCR suit resolves conservatorship, possession, and support in the same way it would for married parents.

I signed an acknowledgment of paternity and now have doubts. What are my options?

You can rescind within 60 days of signing. After that, a signatory may challenge it only on grounds of fraud, duress, or material mistake of fact, and a challenge must come before an order affecting the child is issued.

Can a stepparent or grandparent seek custody or visitation?

It is harder than it used to be. Recent changes narrowed standing for non-parents and now look to whether the person has had exclusive care, control, and possession of the child. A grandparent or stepparent who has not had that kind of day-to-day role may not be able to bring the suit.

How does a protective order affect my custody case?

A protective order can restrict contact and shape possession while it is active. Most last up to two years, and a longer period requires specific findings by the court. An order issued against a party in a divorce generally lasts until the second anniversary of the signed final decree. Orders can be renewed by a new application filed within 30 days before expiration.

Does mediation work in custody disputes?

Often, yes. Mediation is usually faster and less costly than trial, and parents who write their own schedule tend to follow it better than one imposed on them. It is not suitable for every case, particularly where there is a history of violence or serious power imbalance, and we will tell you when it is not.

Is it worth hiring a lawyer if the other parent and I mostly agree?

Often it is, because an agreement is only as good as the order that records it. Vague terms about holidays, travel, decision-making, or relocation are what bring parents back to court. An attorney can draft an order that matches what you agreed to and that a judge will sign.

Serving Custody Clients From Cedar Park Across Williamson County and Central Texas

Our work begins with families in Cedar Park and the surrounding Williamson County communities, including Leander, Round Rock, Georgetown, Liberty Hill, Hutto, Taylor, Jarrell, Florence, and Bartlett. We also represent parents in Travis County, from Austin neighborhoods such as Lakeway-area suburbs, Pflugerville, Manor, West Lake Hills, Bee Cave, and Lago Vista, as well as in Hays County, including San Marcos, Kyle, Buda, Dripping Springs, and Wimberley. In Bastrop County, we serve families in Bastrop, Elgin, Smithville, and Cedar Creek.

Whether the case is a first custody order, a modification of an old one, or an enforcement action against a parent who is not following the schedule, we match our approach to the family and the court that will decide it. Families in this region often juggle commutes and work schedules that stretch across county lines, and those realities shape what a workable parenting plan looks like.

Talk to a Cedar Park Child Custody Lawyer at Oprea & Weber

If you are working out a parenting plan, responding to a filing, or trying to change an order that no longer fits your family, a conversation with a Cedar Park child custody lawyer at our firm can give you a clear picture of your options before you commit to a course. Call The Law Office of Oprea & Weber to schedule a consultation, and your attorney will review your situation, explain how Williamson County courts are likely to approach it, and help you decide on a strategy built around your child and your goals.