San Marcos Child Custody Attorney

A custody case that begins in San Marcos is filed in the Hays County district courts, where family law matters are handled through the District Clerk’s Office and heard by the district judges and an associate judge for family matters. The Law Office of Oprea & Weber handles child custody, visitation, child support, paternity, and modification cases for families in Hays County and throughout Central Texas, and every client works directly with an attorney from the first consultation through the final order.

If you are searching for a San Marcos child custody attorney, the decisions in front of you are concrete: who holds the right to designate your child’s primary residence, what possession schedule you will propose, whether to pursue a negotiated parenting plan or ask a judge to decide, and whether an order you already have still fits your family. Texas does not use the word “custody” in its statutes. It speaks of conservatorship, possession, and access, and the vocabulary matters because the fight in most cases is over a handful of specific rights and a calendar.

Those choices carry more weight than they first appear to. A parenting plan signed in a hurry can govern a child’s weekday routine, school enrollment, and holiday schedule for a decade or more, and changing it later requires proving a material and substantial change in circumstances. Getting the first order right is far easier than rewriting it.

Conservatorship, Residence, and the Possession Schedule: What a Texas Court Actually Decides

Texas courts decide custody through the best interest of the child. Within that standard, the work divides into three parts. First, conservatorship: whether parents serve as joint managing conservators, which is the usual starting point, or whether one parent should be named sole managing conservator because of safety concerns. Second, the exclusive right to designate the child’s primary residence, which is often the most contested single right in the case because it shapes where the child goes to school and, frequently, where each parent can realistically live. Third, the possession and access schedule that governs the calendar.

Joint conservatorship does not mean equal time. The law favors frequent and continuing contact with both parents, and parents are free to agree to a schedule that splits time evenly, which a court will approve when it serves the child. Where parents live within 50 miles of each other, the Expanded Standard Possession Order is now the default for new orders. It adds Thursday overnights and extends weekend periods through Monday morning, which gives the non-primary parent substantially more school-week contact than the older standard schedule. Families with existing orders do not receive this automatically; a parent who wants the expanded schedule must file to modify the order.

Distance changes the analysis. San Marcos sits between Austin and San Antonio, and many Hays County parents commute in one direction or the other. When parents live more than 50 miles apart, different schedules apply, and the geography of where each parent lives and works becomes a real piece of the negotiation. A San Marcos attorney who handles Hays, Travis, and Williamson County cases can plan around those commutes rather than treating them as an afterthought.

Why Choose Oprea & Weber for Child Custody Representation Near San Marcos

The Law Office of Oprea & Weber is a boutique divorce and family law firm serving families in Hays County, Travis County, Williamson County, Bastrop County, and the surrounding Central Texas communities. The firm handles custody and visitation, child support, paternity and SAPCR suits, modifications, relocation disputes, and enforcement. Clients are not handed off to layers of staff or junior associates. Your attorney personally handles your case from the first consultation to the final decree, the caseload is kept intentionally manageable, and communication is direct and in plain language.

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, which is directly useful in custody cases that turn on business income, closely held companies, or disputed financial records. He also mediates family law disputes as well as representing clients in mediation, so he sees settlement from both sides of the table. 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, an appellate background that sharpens how orders are drafted and how a record is built for the day a ruling is challenged.

The firm’s approach is to resolve custody cases cooperatively whenever that is realistic, and to prepare every case as though it may be tried. That preparation is what gives a parent leverage at the negotiating table. Clients describe the attorneys as knowledgeable, thorough, and caring; one client who came to the firm for a custody matter said Kevin helped hold them steady through a very emotional situation, and another who had used other attorneys before called Kevin by far the best in a paternity case.

The Custody Issues That Most Often Need an Attorney in Hays County

Initial Custody in a Divorce: When spouses with children divorce, conservatorship, the primary-residence right, possession, and child support are all set in the decree, and the 60-day waiting period runs from the date the petition is filed, not the date of service.
Custody for Unmarried Parents: A Suit Affecting the Parent-Child Relationship (SAPCR) establishes legal parentage, conservatorship, possession, and support for parents who were never married. A father who has not been legally established as a parent has no enforceable rights until an order or valid acknowledgment exists.
Paternity Disputes: A signed acknowledgment of paternity can be rescinded within 60 days; after that it may be challenged only for fraud, duress, or material mistake of fact. Where a child has a presumed father, adjudication proceedings generally must begin 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 finding that the change serves the child’s best interest. A teenager’s preference, a parent’s relocation, or a parent relinquishing primary care for six months can each matter.
Relocation Disputes: Many orders restrict where the child may live. A parent who wants to move, or who objects to the other parent’s move, needs a strategy built around the existing order’s geographic restriction and the child’s school and support network.
Enforcement of Possession and Support: When the other parent withholds the child, ignores the schedule, or stops paying support, enforcement proceedings ask the court to compel compliance under the existing order.
Cases Involving Family Violence: Protective orders, criminal history, and allegations of abuse affect conservatorship and supervised access, and a court weighing them may impose restrictions that depart from the standard schedule.
Non-Parent Claims: Stepparents and other non-parents face narrower standing than before; the statute now centers on exclusive care, control, and possession of the child, and a claim that would once have been viable may no longer qualify.

Decisions to Make and Steps to Take When a Custody Dispute Reaches Hays County

The first decision is where the case belongs. A custody suit is filed in the district court of the county where the child lives, and for San Marcos families that means the Hays County district courts, with the District Clerk handling family filings. If an order already exists from another county, that county may keep continuing jurisdiction, so find out before filing anything. A case filed in the wrong place wastes months and money.

Second, gather documentation before the other side shapes the narrative. Collect school records, medical and pediatric records, records of who handles pickups and appointments, communications about the child, and proof of your work schedule and housing. Courts are persuaded by a consistent record of caregiving, not by adjectives. Keep your communications with the other parent civil and brief, since anything you write may become an exhibit.

Third, do not rely on informal arrangements. A handshake schedule has no enforcement mechanism, and a parent who stops cooperating leaves the other with no remedy until an order exists. If you are worried about safety, speak with an attorney promptly about temporary orders, which are available while a case is pending, and about whether a protective order is appropriate. Protective orders generally last up to two years, though they can run longer in specified circumstances, and a protective order in place when a divorce is filed can last until two years after the decree.

Fourth, consider mediation seriously. Most custody cases settle, and an agreement you craft with your own attorney usually fits your child’s actual life better than a schedule imposed from the bench. Mediation does not mean giving up; it means negotiating from a prepared position. If the other side will not negotiate in good faith, the case proceeds toward hearings and, if necessary, trial, where contested hearings in some counties are held in person.

The most common mistakes are signing an agreed order without understanding the geographic restriction it contains, withholding the child as leverage (which damages credibility and can create enforcement exposure), posting about the dispute on social media, and delaying a modification after circumstances clearly changed. If you are in the middle of a case and unsure whether your current order still fits, call for a consultation before taking any action on your own.

Modifying a Custody Order After Circumstances Change

An existing order is not permanent. To change conservatorship or possession, you must show a material and substantial change in circumstances since the order was entered and that modification serves the child’s best interest. What qualifies depends on the facts: a parent’s relocation, a significant change in a parent’s work schedule, new safety concerns, or a child’s changing needs.

Texas also gives specific grounds for changing primary residence. A child who is at least 12 may tell the judge in chambers which parent the child prefers to have the right to designate residence, and that preference can support modification. Likewise, if the parent holding the right voluntarily gave up primary care and possession to someone else for at least six months, that is a recognized ground. Timing adds a layer: when a suit to change the primary-residence right is filed within one year of the order or of a mediated or collaborative settlement agreement, the filing parent must attach an affidavit alleging specific facts, such as that the child’s present environment may endanger the child’s physical health or significantly impair emotional development. Certain convictions for offenses against a child remove both the one-year restriction and the burden of showing changed circumstances.

Child support follows its own rules. It may be modified if three years have passed since the order was entered or last modified and the monthly amount differs from the guideline amount by 20 percent or $100, or on a material and substantial change with no waiting period. Where parents agreed to an amount that departs from the guidelines, the court may modify only on a material and substantial change since the order. Incarceration for more than 180 days counts as such a change. Guideline support is a percentage of the paying parent’s net resources, 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five, applied up to a cap that is adjusted periodically; a lower schedule applies to the lowest-income obligors.

Questions San Marcos Parents Ask About Custody

Is custody in Texas always split 50/50?

No. Texas favors frequent and continuing contact with both parents, but that does not guarantee equal time. Parents may agree to an equal schedule and a court will approve it when it serves the child’s best interest. Without an agreement, the court applies a possession schedule, and one parent typically holds the exclusive right to designate the child’s primary residence.

What is the Expanded Standard Possession Order?

It is the default schedule for new orders where the parents live within 50 miles of each other. It gives the non-primary parent Thursday overnights and weekends that run through Monday morning, which is more contact than the older standard schedule. If you already have an order, you must file a modification to adopt the expanded version.

Can my child choose which parent to live with?

Not on their own. A child who is 12 or older may tell the judge in chambers which parent they prefer to have the right to designate their primary residence, and that is a recognized ground for modifying the order. The preference is one factor; the judge still decides based on the child’s best interest.

I was never married to my child’s other parent. Do I still have rights?

Only after parentage is legally established. An unmarried father generally needs a valid acknowledgment of paternity or a court adjudication before he can seek conservatorship or possession. A SAPCR suit establishes parentage and resolves custody, visitation, and support together.

How long do I have to change an acknowledgment of paternity?

An acknowledgment can be rescinded within 60 days of signing. After that window, a signer may challenge it only on grounds of fraud, duress, or material mistake of fact, and the challenge must come before an order affecting the child is issued.

How is child support calculated?

Texas applies a percentage of the paying parent’s net monthly resources: 20 percent for one child, 25 percent for two, 30 percent for three, 35 percent for four, and 40 percent for five, with at least the five-child percentage for six or more. The percentages apply up to a cap that is adjusted periodically. Net resources include wages, commissions, overtime, tips, and bonuses at 100 percent.

Can I change a custody order just because I disagree with it?

No. You must show a material and substantial change in circumstances since the order and that the change serves the child’s best interest. Disagreement alone, or the passage of time, is not enough, though a changed circumstance such as relocation or a shift in a parent’s availability may qualify.

Can a stepparent or grandparent ask for custody in Texas?

Non-parents face narrower standing than before. The statute now centers on whether the person has had exclusive care, control, and possession of the child, replacing the older six-month care standard. Whether a particular relative qualifies depends on the specific history, so it is worth discussing the facts with an attorney before filing.

What happens if the other parent refuses to follow the possession schedule?

You can file an enforcement action asking the court to compel compliance with the existing order. Keep a record of each missed or denied exchange, including dates, messages, and any police involvement. An enforcement filing is generally stronger when supported by a consistent paper trail.

Does a protective order affect custody?

It can. A protective order may restrict contact with the child and bears on conservatorship and possession, particularly where family violence findings were made. Protective orders generally last up to two years, with longer terms available in specified circumstances such as serious bodily injury or repeated prior orders.

Is mediation worthwhile in a custody case?

Often, yes. A negotiated parenting plan lets you shape the schedule around your child’s real routine and usually costs less and strains the relationship between parents less than a trial. Kevin Weber both mediates family disputes and represents clients in mediation, so you get a lawyer who understands what makes agreements hold up.

How long does a custody case take in Hays County?

It depends on how quickly the parents resolve their disagreements and on the court’s calendar. In a divorce, the 60-day waiting period from the date of filing is the minimum before a decree can be signed. Agreed cases move faster; contested cases involving disputed residence, safety concerns, or business income commonly take many months.

Serving Custody Clients Across Hays County and Central Texas

Starting from San Marcos and the rest of Hays County, the firm represents parents in Kyle, Buda, Wimberley, Dripping Springs, Driftwood, Niederwald, Mountain City, Uhland, and Bear Creek, along with the neighborhoods and rural stretches in between. Because many Hays County families live in one county and work in another, the firm also serves parents in neighboring Travis County, including Austin, Manor, Pflugerville, Lakeway, Bee Cave, West Lake Hills, and Rollingwood, as well as Williamson County communities such as Round Rock, Cedar Park, Leander, Georgetown, Hutto, and Taylor. In Bastrop County, the firm serves families in Bastrop, Elgin, Smithville, and Cedar Creek. Wherever you live in Central Texas, our custody and modification work follows the court that holds your case.

Talk With a San Marcos Child Custody Lawyer Before Your Next Court Date

Whether you are setting a first parenting plan, responding to a petition, or trying to change an order that no longer works, the sooner you have a clear strategy, the more options you keep. The Law Office of Oprea & Weber offers direct access to an attorney who will personally handle your case and explain your choices in plain language. Call to schedule a consultation with a San Marcos child custody attorney who will prepare your case thoroughly and pursue a workable agreement where one is possible.