What Is Parental Alienation?

When it comes to the process of divorce or separation, navigating a new custody schedule is oftentimes challenging. When parents have a good working co-parenting relationship, then navigating a new custody schedule is often much easier than if parents have a poor or non-existent co-parenting relationship.

In some cases, one parent may engage in tactics that aim at making the custody arrangement even more difficult for the other parent. One such bad action is engaging in parental alienation. Parental alienation is a term that is used to describe a situation where one parent manipulates a child to reject the other parent without valid reasons.

Parental alienation most often occurs during divorce or custody battles, but it can also occur prior to either process occurring. In some cases, the alienating parent may convey exaggerated or false information to their child, in an attempt to cause a breakdown in the relationship between the child and the other parent.

Parental alienation has been cited as having long-lasting emotional and psychological effects on both the child and the targeted parent that is alienated. Recognizing and addressing parental alienation early is often crucial to mitigate its impact. The following article explores parental alienation, how to recognize it, and what steps can be taken to mitigate its impact.

What Is the Legal Definition of Parental Alienation?

Many states have laws that seek to protect parties that believe they are being alienated by another parent. It is important to note that the exact legal definition for parental alienation will depend on your local state’s laws.

For instance, in Texas, parental alienation occurs when one parent intentionally or unfairly turns a child against the other parent. Texas law notes that parental alienation is a significant issue in child custody or visitation cases.

It is sometimes also referred to as Parental Alienation Syndrome (“PAS”) which involves deliberate attempts by one parent to create discord or distance between the child and the other parent. In general, parental alienation always has the goal of damaging the relationship between a child and one of their parents.

In Texas, and in many other states, parental alienation is considered a form of emotional abuse. Evidence of parental alienation can be used as evidence in court to argue that the alienating parent is unfit for custody or guardianship. If proven, the parent that is committing parental alienation may face certain legal consequences, which are discussed below.

What Are Examples of Parental Alienation?

As mentioned above, parental alienation often occurs in cases of a divorce or legal separation. Although the exact statistics can be hard to pinpoint, it is frequently cited as an issue in more than 10% of all family court proceedings.

According to the American Bar Association, parental alienation is most often acknowledged as a form of emotional child abuse which is addressed through legal and mental health interventions. Despite its recognition by family courts, the concept of parental alienation remains controversial, with some mental health professionals questioning the validity of parental alienation itself.

Because of this, parental alienation is often difficult to prove in court. However, common examples of what courts commonly cite as parental alienation include:

• Badmouthing: Badmouthing occurs when one parent consistently speaks negatively about the other parent to the child or shares inappropriate information with the child about the other parent
• Limiting Contact: In some cases, the alienating parent may unreasonably limit phone calls, video calls, texts, and emails between the child and the other parent to distance them from the other parent
• Exaggerating Complaints: The alienating parent capitalizes on and exaggerates any complaints the child has about the other parent
• Fear Mongering: In some case, the alienating parent may attempt to make the child believe that the other parent is dangerous or untrustworthy
• Undermining Authority: Undermining authority is often cited in parental alienation cases, and occurs when one parent encourages the child to disrespect or disobey the other parent
• False Allegations: The alienating parent may also may false accusations to the child without any evidence, such as accusing the other parent of not loving them or telling them that the parent has moved on to a new family over them
• Interfering with Custody Schedule: In some cases, parental alienation may involve purposefully interfering with the alienated parent’s time with the child, such as scheduling extra curricular activities during the other parent’s visitation
• Child Pressuring: The alienating parent may also pressure their child to choose sides between their parents

All of the above behaviors can severely impact a child’s relationship with the alienated parent and harm both the child and the alienated parent in the short and long term. As such, it is important to document any behaviors that you may believe are attempts at alienating you from your child. You may then be able to present your evidence to the court in order to get relief from the alienation and mitigate its consequences.

How Is Parental Alienation Addressed by Courts?

There are many different methods that a court may employ to address issues of parental alienation. In almost every state, courts take parental alienation seriously, especially in child custody and visitation cases. Examples of how courts may address issues of parental alienation include:

• Custody Evaluations: In some cases family law courts may order a custody evaluation by a mental health professional to assess the extent of parental alienation and its impact on the child
• Modification of Custody Orders: If one parent can prove parental alienation, the court may then choose to modify existing custody or visitation orders to protect the child’s best interests, by changing primary custody over to the alienated parent
• Therapeutic Interventions: Courts may also order therapy for the child and the alienating parent to repair the damaged relationship and address the underlying issues, and have the bad actor parent pay for such therapy
• Sanctions and Penalties: The court can also impose sanctions on the alienating parent, such as civil fines or, in severe cases, hold them in contempt of court
• Parenting Plans: Courts may also implement detailed parenting plans which include specific guidelines to prevent further and further alienation issues, such as ordering supervised visitation or mandatory co-parenting counseling

In order to get the above relief by the Court, the parental alienation must first be brought to the attention of the Court. If you are the parent that feels you are being alienated from your child you may bring evidence of parental alienation to the Court’s attention by:

• Filing a petition to modify existing custody arrangements and citing evidence of parental alienation
  • This may result in a reduction or elimination of custody rights of the parent who engages in parental alienation
• Filing a motion requesting court-ordered therapy for the child, as a result of parental alienation on behalf of the other parent or their family
• Filing a motion to enforce your custody order, and asking the court to hold the alienating parent in contempt of court until the alienating actions cease
• In more extreme cases, you may file a report with police to press criminal charges against the alienating parent

Do I Need a Lawyer for Help With Parental Alienation?

As can be seen, parental alienation can significantly harm the relationship between a child and their parent in both the short term and long term. Parental alienation also often results in developmental issues for a child, including bad social behaviors.

As such, if you believe that you are suffering from parental alienation, and the other parent refuses to address their behavior, it is in your best interests to consult an experienced family law attorney in your area. LegalMatch can assist you with locating and setting up an initial consultation with a parental alienation lawyer near you.

A lawyer can help you understand your state’s specific laws on parental alienation, including how you can bring evidence of parental alienation to the attention of the court. They will also be able to inform you of your best course of legal action. Finally, an attorney will also be able to represent you in court, as needed.