When Josh first walked into our office, he looked like a man holding his breath.
A thick folder clutched in one hand, knuckles white. Pictures of his kids peeked out from the edge—two small boys, maybe 7 and 10, grinning in youth football uniforms. His first words: “Be honest with me. Do I even have a chance?”
Josh had just been served with divorce papers. His wife had filed for sole custody, temporary exclusive possession of their home, and child support. No mention of joint anything. No suggestion that he mattered.
Like many fathers, Josh assumed the worst: that Texas courts always side with moms.
The Myth of “Mom Always Wins”
Let us clear this up. Under Texas Family Code § 153.003, the Court may not discriminate based on the sex of the parent. That means being a father is not a disadvantage—not legally.
But the fear is real. Generations of dads have been told that the mother will automatically get the kids, and he will be left with four days a month and a child support bill.
And sometimes? That still happens—when the father is not prepared.
But for men who step up, get educated, and work with attorneys who know the Family Courts in Tarrant County, the results can be drastically different.
What Texas Courts Really Want
Forget the labels of “mom” and “dad” for a moment.
Texas courts look at one thing above all: the best interest of the child. That phrase—best interest—is the north star in every custody case.
Judges ask:
Who is more involved in the child’s day-to-day life?
Who gets the child up for school, takes them to the doctor, knows the name of their teacher?
Who consistently shows up?
If the answer is both parents, great. Texas prefers Joint Managing Conservatorship, where both parents share decision-making rights.
In many Tarrant County Courts, Judges will start from the assumption that both parents should be involved. The question is how to split time and responsibilities in a way that works for the child.
Josh’s Story: From Fear to 50/50
When we reviewed Josh’s case, it turned out he had a strong record as a parent. He coached his sons’ teams. He was the one who packed lunches in the morning, even while juggling a demanding job. He knew their teachers’ names, their favorite cartoons, and the fact that his youngest still struggled with bedtime anxiety.
But none of that was in the paperwork his wife had filed. The Court had only heard one side—and Josh wasn’t even sure how to respond.
We helped him file a counterpetition and requested Temporary Orders. (These are early, pre-trial decisions the Court makes to keep things stable while the case is pending. They can set the tone for the final outcome).
At that first hearing, we told Josh’s story. Calmly. Factually. With photos, calendars, text logs, and testimony. Not to bash his wife—but to show the Judge who he was as a father.
The Judge listened. And when the Order came down, Josh got a 50/50 possession schedule on a temporary basis.
What Helped Josh Win?
1. Documentation
Josh had text messages showing daily parenting involvement. Pictures, school emails, and coaching schedules. If it was not in writing, it did not “exist.”
2. A Clean Record
He had no criminal history, no substance abuse, and had never threatened his spouse.
3. Focus on the Kids
He never made the case about punishing his wife or “getting even.” He wanted time with his kids, not a fight.
4. The Right Legal Team
Josh hired a Board Certified Family Law Attorney with deep experience in Tarrant County Courts. That matters. Judges learn who comes prepared and who plays games.
But What About the House? The Child Support?
Josh worried that staying in the home would make things worse. Many fathers move out too soon, thinking it is the “gentlemanly” thing to do.
Bad idea.
Unless there is abuse or serious conflict, it is often better for dads to stay put until a Court Orders otherwise. Moving out without a Temporary Order can look like the father does not want a more substantial relationship with the children.
Child support? Yes, Josh ended up paying a fair amount under Texas Family Code § 154.125—but because of his equalized possession periods it was a fair amount that he could pay. More importantly, he had time with his sons.
What If the Mom Is Unreasonable?
Let us be honest. Some mothers fight dirty. Denying access. Making false allegations. Weaponizing the system.
The law has protections:
Generally, the first Orders of the Court will prevent either parent from hiding the children or cutting off communication. Those Orders also prohibit the parents from talking about the litigation to the children. Simply put, the Court will always work to protect the children.
Enforcement actions can also be filed if one parent violates Court Orders.
If serious, emergency relief can be obtained under Texas Family Code which could include temporary custody changes.
But dads must act fast—and smart. No angry texts. No threats. Just solid legal action.
You Do Have a Chance—If You Take It
Fathers are not second-class parents. Not in Texas. Not in Tarrant County.
But you must be proactive. Get a lawyer who knows the Judges and understands how to build a strong custody narrative. Do not assume the Court will figure it out on its own.
Josh’s story is not unique. We have helped hundreds of men just like him—terrified, exhausted, and convinced the deck was stacked. Many walked away with equal rights, strong relationships with their kids, and the peace of knowing they did not give up.
Divorce does not have to destroy your role as a dad.
The law gives you the right to fight. Let us help you do it the right way.