Georgetown Paternity Attorney
Establishing who a child’s legal father is can open the door to everything that follows: a right to a seat at the table on parenting decisions, a court-ordered schedule, and a support order that reflects what both parents can contribute. The Law Office of Oprea & Weber is a boutique family law firm that handles Georgetown paternity attorney matters, including paternity suits, SAPCR cases, custody, visitation, and child support, for families in Georgetown, throughout Williamson County, and across Travis, Hays, and Bastrop Counties.
Paternity cases look simple from the outside and are not. A man can be the biological father and have no legal rights. A man can be the legal father and not be the biological one. A signed form at the hospital can settle the question for years, or become the center of a fight. Which situation you are in determines what you file, how long you have, and what the court will ask of you.
Paternity is also different from the cases people confuse it with. It is not a divorce, because the parents were never married. It is not only a child support case, because it decides rights as well as obligations. And it is not a custody modification, because there may be no prior order to modify. In Texas, the vehicle that brings these pieces together is a Suit Affecting the Parent-Child Relationship, usually called a SAPCR.
How Legal Fatherhood Is Established in Texas
Texas recognizes several routes to legal fatherhood, and knowing which one applies to your child tells you where you stand.
A man who was married to the mother when the child was born is generally the presumed father. A man who signs an acknowledgment of paternity, typically at the hospital shortly after birth or later through the state’s process, becomes the acknowledged father. A man named in a court order becomes the adjudicated father. And a man who is neither married to the mother nor on any form has no legal standing as a parent until he or the mother takes action.
That last group is where many Georgetown families find themselves. A father who has been involved from day one, attending appointments, paying for expenses, and having the child at his home, still has no enforceable right to possession or decision-making until a court order exists. The reverse is also true: a mother who has been raising a child alone cannot compel regular support from a father who is not legally established.
The acknowledgment form deserves special attention. It can be rescinded within 60 days of signing. After that window closes, a signatory can challenge it only on grounds of fraud, duress, or material mistake of fact, and that challenge must come before a court issues an order affecting the child. People sign these forms in the emotional hours after a birth without reading them closely. Once the window passes, the form carries real weight.
Why Choose Oprea & Weber for Paternity and SAPCR Cases
The Law Office of Oprea & Weber is a boutique divorce and family law firm serving Georgetown and the rest of Williamson County, along with Travis, Hays, and Bastrop Counties. The firm represents mothers, fathers, and grandparents in paternity actions, SAPCR suits, custody and visitation disputes, child support, and later modifications and enforcement. Your attorney personally handles your case from the first consultation to the final order, with a caseload kept intentionally manageable and no handoffs to layers of staff or junior associates.
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 settlements actually hold. 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. That appellate experience matters in parentage cases, where the deadlines and standing rules are technical and an error in the pleadings can cost a client the case.
Clients describe the firm as knowledgeable, thorough, and caring. One client who hired Kevin for a paternity case after working with other attorneys said he was “by far the best.” Another, who came to the firm through a referral for a custody matter, described being held steady through a very emotional situation. The firm prepares every case as if it may go to trial, which strengthens its position in negotiation, but it pursues cooperative resolution whenever the other parent is willing to talk.
Situations That Bring Paternity Cases to Court
- Unmarried Father Seeking Legal Rights: A father who was never married to the mother and did not sign an acknowledgment has no enforceable right to possession or decision-making. A paternity filing, often combined with a request for conservatorship and a possession schedule, is how he gets one.
- Mother Seeking Child Support: A mother who needs financial support from a father who is not legally established can bring a SAPCR suit asking the court to adjudicate parentage and set support under the Texas guidelines.
- Disputed Biological Parentage: When either parent doubts that the man is the biological father, genetic testing ordered through the court can resolve the question. The result shapes whether support, possession, and decision-making orders follow.
- Presumed Father Who Is Not the Biological Father: A husband at the time of birth is presumed to be the father even if he is not. Challenging that presumption generally has to happen before the child’s fourth birthday, with narrow exceptions such as no cohabitation or intercourse during the probable time of conception, or misrepresentation that kept him from asserting his claim.
- Challenging a Signed Acknowledgment: After the 60-day rescission window, a challenge needs a showing of fraud, duress, or material mistake of fact. A non-signatory seeking to adjudicate generally has until the fourth anniversary of the acknowledgment’s effective date.
- Existing Order That No Longer Works: Once paternity is established and orders are entered, circumstances still change. Modifications of support, possession, or conservatorship require a material and substantial change, and enforcement actions address a parent who is not following the order.
- Relocation Disputes: Parents who live in or near Georgetown sometimes face a move for work to the Austin metro or beyond. Primary residence and geographic restrictions are part of the order, so a move can require court involvement.
What to Do Right Now If You Need to Establish Paternity
Start by identifying where you stand. Was the mother married to anyone at the time of birth? Did anyone sign an acknowledgment of paternity? Is there any court order that mentions the child? These three answers tell your attorney which deadlines apply and what kind of filing fits.
Gather what you have. Birth certificate, any acknowledgment paperwork, messages and records showing your involvement, proof of expenses paid for the child, and pay records if support will be at issue. If you signed an acknowledgment recently, count the days. The 60-day rescission window is short, and missing it changes what you can argue.
Do not assume informal arrangements will protect you. A handshake schedule works until it does not. A parent who has been seeing the child every weekend can lose that access overnight if the other parent stops cooperating, and without an order there is nothing a court can enforce.
Cases in this area are filed in the district courts with jurisdiction over family matters in the county where the child lives. For Georgetown families, that means the Williamson County district courts at the Williamson County Justice Center in Georgetown, which include the 26th, 277th, 368th, 395th, 425th, and 480th District Courts. If the child’s home is in Travis, Hays, or Bastrop County instead, the filing goes to the district court there, and the Travis County civil and family courts handle contested hearings and trials in person. Your attorney will confirm the right venue before anything is filed.
Avoid two common mistakes. The first is waiting. Deadlines around presumed and acknowledged fathers run to the fourth anniversary of birth or acknowledgment, and children do not stay young while parents decide. The second is signing something because it looks routine. Forms involving parentage, agreed orders, and waivers of service all carry legal weight. Have an attorney read them first.
What a Paternity Order Actually Covers
A paternity judgment is rarely just a finding that a man is the father. In practice, the court is also deciding conservatorship, which is Texas’s term for custody, along with possession and access, child support, and health insurance for the child.
On possession, the Expanded Standard Possession Order is now the default for new orders where the parents live within 50 miles of each other. It adds Thursday overnights and extends weekends through Monday morning. Parents with older orders must file a modification to move to the expanded schedule. Parents may also agree to a different arrangement, including an equal schedule, and the court will approve it when it serves the child’s best interest.
On support, Texas uses guideline percentages of the paying parent’s net monthly resources: 20 percent for one child, 25 percent for two, 30 for three, 35 for four, 40 for five, and not less than the five-child amount for six or more. These apply up to a cap on net resources that the state adjusts periodically. Net resources include wages and other compensation for personal services such as commissions, overtime, tips, and bonuses. Lower-income obligors fall under a separate schedule with reduced percentages.
Later changes require their own showing. Support can be modified after three years if the monthly amount differs from the guideline by 20 percent or $100, or at any time on a material and substantial change in circumstances. Conservatorship and possession modifications require a material and substantial change plus a finding that the change is in the child’s best interest.
Paternity and Family Law Questions Georgetown Parents Ask
Do I need a lawyer to establish paternity in Texas?
There is no rule requiring one, but a paternity suit usually involves more than a signature. It can include conservatorship, a possession schedule, support, and health insurance. A poorly drafted order is hard to fix later, and a father who agrees to terms without understanding them can be locked into a schedule or obligation that does not fit his life.
What is a SAPCR and how does it relate to paternity?
A SAPCR, or Suit Affecting the Parent-Child Relationship, is the court action that addresses conservatorship, possession, and support for a child. When parentage is not yet established, the suit also asks the court to adjudicate it. The two issues are often resolved together.
How long do I have to challenge paternity?
It depends on how the father was established. For a presumed father, a suit to adjudicate parentage generally must be filed by the child’s fourth birthday, with limited exceptions. For an acknowledged or adjudicated father, a non-signatory generally has four years from the effective date. A signatory challenging an acknowledgment after the 60-day rescission period must show fraud, duress, or material mistake of fact.
Can I rescind an acknowledgment of paternity I signed at the hospital?
Within 60 days of signing, yes. After that, the options narrow sharply and require proof of fraud, duress, or material mistake of fact. If you have doubts, do not wait for the window to close.
Does an unmarried father have any rights before a court order?
Not enforceable ones. Until paternity is established, a father cannot compel a possession schedule or participate in legal decision-making as of right. Involvement and good intentions are not a substitute for an order.
Will paternity automatically mean 50/50 custody?
No. Texas favors frequent and continuing contact with both parents, but that does not require equal time. Many families use a standard schedule where one parent designates the primary residence and the other has scheduled possession. Parents can agree to something more equal, and a court will approve it if it serves the child.
What if the mother and I were never married but lived together?
Living together does not itself establish parentage. However, Texas recognizes informal marriage in limited circumstances, including an agreement to be married, living together as spouses in Texas, and holding yourselves out as married. If that applies, the presumed father rules would follow. A challenge to an informal marriage claim after separation has its own two-year presumption in play.
Can genetic testing be required by the court?
Yes. When parentage is disputed, the court can order genetic testing. The results often drive settlement, because both sides know where the case is headed once the biological answer is in.
What if the other parent lives in another county or state?
Where the child lives generally determines which court has authority over custody. If a parent has moved or the child has lived elsewhere recently, jurisdiction can become a threshold fight. Raise it with your attorney early, before a petition is filed in the wrong place.
Can a stepparent or other non-parent seek custody after a paternity case?
Standing for non-parents has been narrowed. The law now looks to exclusive care, control, and possession of the child. Stepparents and others who helped raise a child should not assume they qualify; the analysis is fact-specific.
Can mediation resolve a paternity case?
Often, yes. Many paternity and SAPCR cases settle through mediation or direct negotiation, particularly when both parents want a workable schedule. Kevin Weber both mediates family law disputes and represents clients in mediation, which helps in shaping agreements that last.
Serving Paternity and Custody Clients Around Georgetown and Williamson County
The Law Office of Oprea & Weber represents parents in Georgetown and across Williamson County, including Round Rock, Cedar Park, Leander, Taylor, Hutto, Liberty Hill, Florence, Jarrell, Granger, Weir, Thrall, Bartlett, Walburg, and the surrounding neighborhoods and rural communities. Families in Sun City, Berry Creek, and the developments along the I-35 and SH 29 corridors are part of that same service area.
The firm also represents clients in neighboring Travis County, including Austin, Pflugerville, Manor, Lakeway, Bee Cave, and West Lake Hills; in Hays County, including San Marcos, Kyle, Buda, Dripping Springs, and Wimberley; and in Bastrop County, including Bastrop, Elgin, and Smithville. Whether a paternity or SAPCR case belongs in Williamson, Travis, Hays, or Bastrop County depends on where the child lives, and your attorney will make sure the case is filed in the right court from the start.
Talk With a Georgetown Paternity Lawyer About Your Case
Whether you are a father who needs legal rights, a mother who needs support in place, or a parent facing a challenge to an acknowledgment already signed, the right time to act is before a deadline passes. A Georgetown paternity lawyer at Oprea & Weber can review your situation, explain which deadlines apply, and lay out a plan that fits your family.
Call the firm to schedule a consultation. You will work directly with an attorney who handles your case personally, explains your options in plain language, and prepares as if trial is possible while looking for the resolution that works best for you and your child.