Why is it Dads Struggle for Equal Rights in Texas Divorce Courts

I've often wondered why it is that in Texas, dads are treated like they are money machines and "most often appear" not to have the same equal rights in divorce court.

Divorce Peaks in Texas During Spring and Summer

Divorce rates tend to spike in March, May, and August, both nationally and here in Texas. According to The Atlantic, these months are historically the most active for breakups. While emotions run high, one issue continues to surface year after year: fathers in Texas often feel like they’re starting at a disadvantage when it comes to child custody.

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The Law Promises Equality, But Courtrooms Don’t Always Reflect It

Texas law (specifically the Family Code, Sec. 153.003) says courts “may not discriminate based on the sex of the parent.” On paper, moms and dads are treated equally.

Read More: Operation Lone Star: Key Facts On Immigration And Crime In Texas

But in practice? Not always.

According to the Skillern Law Firm, mothers still receive primary custody in most Texas family court cases, especially when the child is young. Their findings show that despite modern two-income households, many judges continue to lean into traditional parenting roles.

Family law attorneys at Walters Gilbreath PLLC echo this, noting that dads often must prove their parental involvement more thoroughly just to get the same consideration as moms.

Some legal professionals estimate that 70% to 85% of custody cases in Texas result in the mother being awarded primary conservatorship, even when both parents work full-time.

What Texas Fathers Can Do to Level the Field

If you're a father seeking custody or equal parenting rights in Texas:

• Document your involvement, school pickups, doctor visits, extracurriculars
• Keep steady employment and safe housing
• Stay civil, follow all court orders, and avoid conflict

Helpful resources include the Texas Health and Human Services and this Skillern Law Firm blog on fathers’ rights.

A Final Word From a Texas Father Who's Seen It All

Okay, I'll start by saying this is "my thoughts and opinions". It's time we stop judging fathers by outdated standards. Just because a man wears work boots and doesn’t cry in public doesn’t mean he’s any less tending to or invested in his very own children. Prejudice, by definition, means to prejudge, and that’s exactly what still happens in many family courts.

And here’s the reality: in most cases, it’s the father who pays child support, legal fees, and court costs, often without an equal say in how the child is raised. That’s not equality. That’s a system needing change.

The laws may say the right things. But until courtrooms reflect what modern parenting really looks like, dads will keep fighting just to be seen as equal.