What Constitutes Parental Alienation?
Divorce can be emotionally devastating to children, especially if the parents disagree on how custody should be assigned. Disputes and contentious relationships between the parents can lead to parental alienation, which can have adverse effects on the custody arrangements.
Family law attorneys in Orange County explain that parental alienation happens when one parent engages in the following types of behavior:
- Lies to the child about the other parent
- Talks negatively or criticizes the other parent in the presence of the child
- Prevents the child from communicating or interacting with the other parent
- Undermines the other parent’s parental authority
- Plans social activities for the child during the other parent’s visitation or custody time to interrupt the schedule
- Ignores custody orders
- Keeps crucial information about the child and activities from the other parent
- Shares the other parent’s personal challenges or information with the child
- Refuses to cooperate when creating a parenting plan.
Sadly, parental alienation can lead to psychological harm to the child. If you believe you’re a victim of personal alienation and it is affecting custody arrangements, consult child custody lawyers in Orange County for legal guidance. They can evaluate your case and help you take the necessary steps to protect your rights while upholding your child’s best interest.
How Does Parental Alienation Affect Children?
The effect of parental alienation on children can be upsetting for the alienated parent as their relationship with the child can dramatically change. It can be challenging to determine when a child distances themselves because of general circumstances affecting their emotions or because of the other parent’s actions of alienation.
However, child custody attorneys in Orange County say that a child harmed by parental alienation may generally have the following behaviors:
- Creating untrue stories about and strongly criticizing the other parent without apparent reason or evidence of their criticism
- Constantly being on the side of the parent engaging in alienation under all circumstances
- Having negative thoughts about the alienated parent and only positive ones about the alienating parent
- Continually using the alienating parent’s language when talking about the alienated parent
- Being disrespectful or disliking the extended family of the alienated family
- Having no remorse or guilt about their negative actions or feelings toward the alienated parent
What Is the Impact of Parental Alienation on Custody Determinations?
While parental alienation is not considered a crime in California, Orange County child custody attorneys say it can affect a child custody and visitation order. A child exposed to parental alienation may not want to spend time with the alienated parent.
The alienating parent’s behavior can cause a lifetime of psychological harm to the child, which can affect their future relationships. It’s in the best interests of a child to have a healthy and loving relationship with both parents, and alienation can equate to child abuse.
When one parent actively works on severing a child’s bond with the other parent, the court can impose orders to protect the right of the alienated parent to have an ongoing relationship with their child. If you can prove parental alienation, a court may grant modification of an existing custody order or alter an ongoing custody case.
How Can I Prove Parental Alienation in Court?
If you claim parental alienation as the basis of your request for child custody modification, you must provide sufficient evidence to strengthen your case. Experienced child custody lawyers in Orange County can help you put together various types of evidence:
- Witness testimony: Friends or family members who have witnessed the alienating behavior can corroborate your claims by offering objective testimony
- Communication: Evidence such as voicemails, texts, or social media posts that can show a parent’s alienating behavior and how it affects the child can help your case
- Expert testimony: A mental health professional can provide testimony on the child’s emotional state or changes in behavior due to parental alienation.
Once you present this evidence in court, it’s crucial to tie it to the impact of parental alienation on the custody arrangements and its effects on your relationship with your child. The legal nuances can be challenging, but your lawyers can help you achieve the intended objective.
What Remedies Are Available for Dealing with Parental Alienation?
Orange County child custody lawyers highlight the available options for resolving parental alienation in child custody cases:
- Child counseling: If the alienating parent is unwilling to rectify the behavior, you can file a motion in court explaining the problem to the judge and proposing how you wish to resolve the issue. Professional child counseling can reveal the depth of the problem and help resolve it.
- Request custody modification: Depending on how well you prove your case, you could request the court to modify the child custody order, outing the child in your primary care.
- Evaluation: Under Family Code 311, a qualified child psychologist will investigate the claims and report to the court, which will then make recommendations on how best to resolve the issue.
A Skilled Family Law Attorney Helping You Deal with Parental Alienation
Parental alienation can have devastating psychological effects on a child, causing harm to their relationship with the alienated parent. If you’re on the receiving end of parental alienation, seek the help of skilled child custody attorneys to help you resolve the matter. You and your child deserve to spend time together despite separating from or divorcing with their other parent.
The Bledsoe Firm has dedicated family law attorneys with many years of experience in family law issues. We can provide the legal services you need during this challenging time to help you fight for your rights as a parent and protect your child’s best interests. Call us at 949-889-1227 to schedule a case assessment.