What Is Parental Alienation?
Parental alienation is a term used for a condition in which the parent manipulates the child to reject the other parent without any reasonable ground for it. The alienating parent accuses the other, minimizing contact, or giving the child misconceptions about the other parent. Over the years, that could mean the child is emotionally distanced from or even hostile toward the alienated parent.
Today, parents are becoming aware of what alienation really means. Even as professionals and courts, therapists, and social services are beginning to recognize that parental alienation does substantiate emotional and psychological damage to both child and alienated parent, a generic recognition in psychological and legal circles also comes.
Family Alienation vs. Parental Alienation
Family alienation happens to be a general term to include all estrangements a person or people may have with broader family members as well, like siblings and grandparents or any other relatives. Parental alienation is limited to certain phenomena or occurs when one parent attempts to distance the child from the other parent.
In family courts, parental alienation is a significant issue, as it pertains to the primary relationship between a parent and child. It may constitute grounds for custody, visitation, or even therapy orders on behalf of all involved in the dispute. While family alienation deals with many dynamics, parental alienation places its focus on one parent who is actively trying to poison the child against the other.
Signs of an Alienating Parent
Recognizing the signs of the alienating parent can aid in earlier identification and curbing of the harmful behaviour. While no two are the same, many times alienating parents perform similar acts to undermine the other parent’s role and influence. Common signs are as follows:
- Constantly criticizing the other parent in the presence of the child;
- Informing the child about the ongoing court battles over custody, visitation, and financial aspects of their respective lives;
- Disobeying visitation orders;
- Encouraging the child to spy on and lie to the other parent;
- Guilting the child into feeling bad for spending parental time with the other parent;
- Infringements on any interaction (phone calls, messages) between the child and the other parent.
These negative behaviors could play out in subtle or obvious ways, and it is the cumulative effect of these behaviors that is or will be able to sway the loyalty and emotions of the child in the end.
Challenges Faced by an Alienated Parent
For an alienated parent, the psychological toll of the experience is devastating. They may see their formerly loving child becoming distant, refusing to meet, or repeating false allegations fed to the child by that parent. The rupture in connection brings about feelings of helplessness, anxiety, and depression.
Besides suffering the emotional misery, alienated parents are likely to experience a barrier in being able to communicate with their children, at the very minimum. Phone calls are ignored, messages do not get a response, and visits planned are canceled or manipulated. This recurrent alienation is not only a heart-break to the parent but also passes the destructive blow to both the tenure of the child as well as his emotional stability. The harm that is inflicted on the parent child relationship can be very deep and permanent.
In practice, alienated parents have a very difficult time establishing parental alienation. Even having upheld custody orders while acting in good faith, in court, the parent must have to prove that the other parent committed parental alienation. This usually required expert witness testimony, copious amounts of documentation, and support in court from a parental alienation lawyer experienced in family law.
Is Parental Alienation Recognized by Law?
Many states have now begun to consider parental alienation as a bona fide consideration, though federal law does not yet follow that pattern. Some states legislate parental alienation so that, if one parent intentionally damages the child’s relationship with the other parent, that parent can be subjected to a change in custody.
Justice often depends upon the psychological evaluation, input from therapists as well as the established behavior patterns when it comes to determining allegations of alienation. Although not all judges would use the term “parental alienation,” most would act where there is manipulation in the interests of that child.
Legal Remedies for Parental Alienation
All courts have some legal actions they can take against deeds of proven parental alienation. Such actions would be targeted at the protection of the emotional well-being of the child while restoring a healthy relationship with the parent. Those legal actions can include:
- Modifications of child custody in favor of additional time for the alienated parent
- Therapy or family counseling
- Sanctions or fines levied against the alienating parent
- In severe instances, sole custody to the alienated parent.
It is vital to work with a parental alienation attorney who can present evidence in court and argue for legal measures effectively.
Father Alienation
The alienation of a father is one specific type of parental alienation. Although society is starting to evolve, custody issues have always been tilted toward the mother, sometimes acting as a backdoor support for alienating behavior.
Alienation may be difficult for the father to prove because of various factors that may include access to the child, prejudiced views within the legal system, and other less visible tactics against him. Therefore, awareness of father alienation becomes essential for safeguarding fair treatment of both parents and relationship balance for children.
How Courts Handle Parental Alienation in Custody Cases
How do courts deal with parental alienation in custody matters?When parental alienation rises before the judge, the considerations of the court are geared toward that which will be in the best interests of the child. This may include assigning a guardian ad litem, ordering the use of a forensic custody evaluator, or involving child psychologists to evaluate the child’s mental and emotional states.
In extreme situations, courts might mandate a reunification therapy so that the unhealthy bond between parent and child could be healed. Custody arrangement may also be changed, while visitation could be increased or supervised to ensure that the child is not further manipulated. Really serious decisions require this kind of evidence before courts alter any custodial arrangements, and this makes it necessary for a parent to have a qualified parental alienation attorney.
Final Thoughts
As a term, parental alienation has gained a great deal of negative connotation, yet it really refers to a very destructive behavior that potentially damages a child’s growth and a relationship with a loving parent. Recognizing this behavior, setting it right legally and advocating for the rights and well-being of children all become an essential aspect for everyone involved in a custodial dispute.
