324 - Why 'Fair' Isn't a Legal Standard: A Family Law Attorney Breaks Down Custody, Parenting Time & Temporary Orders

Yeah.

So, so help, help us understand, help the dads understand why in 2026, does Texas still have something like this? When typically, you know, what you described, which was, you know, parents, one parent goes to work and one parent stays home and, and takes care of the kids and does all this stuff is, I don't want to say rare anymore, but it's not as common as it used to be.

Like that just used to be the way that it was.

And now it's a lot different.

There are dads that are way more involved in their children's lives.

And I know at least the dads that come to our community are the ones that are involved, that want to be involved, that really – when they're going through divorce, want to be able to have as much time and have those meaningful days with them, like doing homework.

I mean, that's where a father's role is really, really beneficial to a child is those days where you're picking up and dropping off, where you're helping with homework, where you're doing baths, where you're putting to bed, all that stuff.

And Texas is saying, oh, well, you know, that's the mom's role in this standard position idea.

You can be the fun dad in the summer on the weekends.

Why is that mentality still around? And is there a way around, you know, It sounds like you have to argue as a dad in Texas in order to have those meaningful times up front during the school year.

I want to push back a little bit because I didn't say that the dads have a standard possession schedule or that the moms are presumed to not have one.

It is not a mom's this and dad's this.

The law does not say mothers get this and dads get this.

It is very clear.

And so what I would push back and say is, I have plenty of clients.

I have plenty of male clients that have primary possession of their children.

I have plenty of male clients that have come to me and we have fought for, and the mother has a standard possession schedule.

Because the facts of the case laid out that the father was doing the primary caregiving of the child.

And what I push back with clients about too is no one's saying you're a bad dad.

No one's saying you're not involved, but it's how you're involved.

Right.

And and being the dad that is there coaching softball in the evenings and involved in in the weekend stuff.

But you're not there doing you're not going to teacher conferences.

You're not taking the child to the dentist.

You're not doing the things that also require parenting.