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When dads don't get to see their kids: How to modify child custody

All responsible fathers should have regular, in-person interaction with their children. The parent-child relationship gets built and sustained through consistent, quality time and also "quantity time" together.

Whether two parents are divorced or separated, there's nothing more frustrating for a dad than to simply long to be with his own kids on a regular basis. If conversations with the mother haven't worked, or if the original court order seems skewed against the father, it may be time to talk to an attorney who can help fix the problem.

When is modification necessary -- and feasible?

In many cases, a Texas court can change a custody order that is not allowing both parents to have proper time with their children. The guiding principle for changing custody or visitation arrangements is the "best interest of the child," which can be served by modifying the order to be more balanced with regard to parenting time.

So, for instance, if you're only seeing your son or daughter four days per month, you may be able to petition a judge to change the order -- this is referred to as "modification" -- to allow for more parent-child days together. This is where an experienced family law attorney can help you develop and execute a strategy for improving your custody situation.

Every case is different, so it is important to have a lawyer carefully review the details of your case before taking action. In certain cases, a modification may not be feasible.

What if it's an issue of enforcement?

In some cases, an original custody order does allow ample parenting time for the father, but one parent isn't cooperating -- persistently not honoring a parenting time schedule, for example. When that happens, an experienced custody lawyer can help enforce the order and make sure Dad gets the time he has been awarded.

Talk to someone who understands the system

Unfortunately, family law can be more complicated than it needs to be. If you think your circumstances warrant a custody modification, talk to an attorney who understands the laws and knows how the courts operate. You may be able to get the increased parenting time you have been seeking.

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