As a family law attorney practicing in Fort Worth, I have represented both men and women in divorce cases and in resolving issues of child custody. Some of the fathers who I have represented in these cases have asked me about the rights of fathers in Texas.
When I probe a little, I often find that the client asking this question is worried about whether he will be treated fairly. Usually, he feels that it will be very difficult to convince the judge to award him primary custody and expects that the court will automatically require him to pay support because he is a man.
Based on stories of my more seasoned colleagues in Tarrant, 30 or 40 years ago, this most likely was the case. Decades ago, I believe Texas judges tended to have a traditional view of gender roles and tended to give primary custody to mothers.
However, the reality is far different in 2021. My experience has been, when supported by the facts, that courts today are far more open to giving fathers primary custody.
Ultimately, family law judges consider a lot of factors in deciding which parent should get primary custody. For instance, they consider the stability of each home, and the conditions of each home.
Family law judges are really looking for what is best for the child.
I have represented men in divorce, paternity and modification cases who have been awarded primary custody of their children. The courts no longer follow the old standard of: “you’re the father; you’re going to pay support and get the kids every other weekend.”
Courts are a lot more open minded today than they were a few decades ago.
If you need help with a family law matter, please contact Attorney Nathan Hatton at (817) 349-8120.