Jury Awards Father Primary Custody in Hays County Divorce Trial

Law Office of Ben Carrasco secures decisive verdict granting father sole custody rights and a fault-based adultery finding against the mother.

Published on Feb. 27, 2026

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In a closely contested Hays County divorce case, a jury awarded the father primary custody of the couple's 4-year-old son and found the mother committed adultery. The Law Office of Ben Carrasco represented the father, who was granted the exclusive right to designate the child's primary residence within Hays County and surrounding counties. The jury's decision marked a pivotal outcome after the case had been contested since its filing in September 2024.

Why it matters

This case highlights the unique role juries play in Texas divorce proceedings, where they can decide issues of fault and primary custody. The verdict demonstrates how a jury trial can give fathers a better chance at winning primary custody, which is often challenging in family law cases.

The details

Prior to trial, both parents resided in Dripping Springs, Texas and shared equal possession of their 4-year-old son. However, the jury ultimately awarded the father the exclusive right to designate the child's primary residence within Hays County and surrounding counties. The jury also found the mother committed adultery, despite both parties seeking adultery findings against one another.

  • The divorce case was filed in September 2024.
  • The 5-day jury trial took place in Hays County in early 2026.

The players

Ben Carrasco

Founder of the Law Office of Ben Carrasco, PLLC and the attorney who represented the father in the custody case.

The Father

The client represented by Ben Carrasco who was awarded primary custody of the couple's 4-year-old son.

The Mother

The opposing party in the divorce case who was found by the jury to have committed adultery.

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What they’re saying

“My client was gratified by the verdict. This is a result we never could have achieved in mediation, and I don't believe it would have been possible without a jury. Texas is unique in allowing juries to decide fault in a divorce and which parent can designate a child's primary residence. Demanding a jury trial is a tool that can give Fathers a fighting chance to win primary custody of their children.”

— Ben Carrasco, Founder, Law Office of Ben Carrasco, PLLC

What’s next

The judge entered orders consistent with the jury's verdict, granting the father the exclusive right to enroll the child in school and ordering the mother to pay child support.

The takeaway

This case demonstrates how a jury trial can be a powerful tool for fathers seeking primary custody in Texas divorce proceedings, where juries can make determinations on issues of fault and residence. The verdict highlights the unique role juries play in the state's family law system.