Parental alienation involves the efforts of one parent to turn a child against the other parent. This does not serve the child’s best interests and can cause many behavioral and psychological problems for children and alienated parents.
Many people do not realize that parental alienation is something that can be addressed in court. Legal intervention can put a stop to parental alienation or allow for more parenting time to combat it. Rosenblum Law divorce attorneys are experienced in legal interventions for parental alienation and can help if you are facing this situation.
This article serves as a guide to parents facing parental alienation, including how a lawyer can help.
What is Parental Alienation?
Parental alienation is more common than one might think. Parents who are divorced or separated may hold grudges against each other, and those grudges can come out in front of their children. However, when grudges lead to parental alienation, action must be taken to preserve the relationship between the parent and child.
According to Social Work Today, alienated children:
- Are consumed with hatred or fear of the targeted parent, and deny positive past experiences.
- Have weak, absurd, or frivolous reasons for hating the targeted parent.
- Treat the targeted parent with rudeness and spite, and have no guilt over doing so.
- Always side with the alienating parent, regardless of the facts of circumstances.
- Make accusations against the targeted parent using borrowed scenarios from the alienating parent.
- Sometimes extend their hatred to other family members, such as grandparents.
Long-term effects of parental alienation can last until adulthood and can include depression, anxiety, and low self-esteem. One study also found higher drug and alcohol abuse rates in adult children affected by parental alienation.
Parental alienation also has legal implications, although many parents are unaware of this. In particular, parental alienation is grounds for a modification of custody orders, including more parenting time or a change in custody.
The Impact of Court Decisions in Parental Alienation Cases
There are several potential outcomes of parental alienation cases. For example, if parental alienation is proved, custody and visitation arrangements may be affected. More parenting time can be ordered to recreate the bond between child and parent, or custody modifications may be made in extreme cases.
Even with court decisions backing the alienated parent, there is a long-term impact on parent-child relationships. The court may order that the child undergo therapy to negate the negative psychological effects of parental alienation and to strengthen parent-child relationships.
Legal Strategies in Parental Alienation Cases
To be successful, one must work with an attorney to prove parental alienation in court. This requires utilizing expert witness testimonies from psychologists and child welfare experts who have interacted with the child. These expert witness testimonies are the foundation of proving parental alienation.
It is important to develop a child-focused legal strategy, as the best interests of the child are always paramount based on all of the facts. For example, sometimes a change in custody is not in the best interests of the child, but a court order to extend or enforce parenting time might be.
It is common for allegations of alienation to be made by the alienating parent in an attempt to negate their own parental alienation tactics. A skilled attorney will be best able to formulate legal strategies in parental alienation cases based on the specific factors of their client’s case.
What is a Parental Alienation Lawyer?
A parental alienation lawyer has expertise in family law and the unique issues that arise in parental alienation cases.
The key responsibilities of a parental alienation lawyer include:
- Identifying parental alienation and understanding the legal standards surrounding parental alienation and modifications in custody.
- Advocating for the alienated parent in negotiations and court hearings.
- Advocating for the best interests of the child, which is almost always to be free from parental alienation.
- Gathering evidence of parental alienation, including getting expert opinions from therapists or psychologists.
- Taking the matter to court when negotiations for more parenting time or a change in custody fail.
Let’s take a closer look at what a parental alienation lawyer does for their clients.
How a Parental Alienation Lawyer Can Help
A parental alienation lawyer can help in many ways, ensuring their client’s voice is heard and the best interests of the child are met.
Initial Consultation and Case Assessment
The help of a parental alienation lawyer begins with an initial consultation and case assessment. This involves evaluating the situation and identifying signs of alienation. It may also involve evaluating current custody and parenting time arrangements. From there, the attorney can advise on the best course of action.
Gathering Evidence
The parental alienation lawyer will then work to gather evidence, including collecting documentation, testimonies, and expert opinions. This may require the child to go to a professional, such as a therapist or psychologist, to confirm parental alienation. The attorney will also work with child welfare experts to establish parental alienation and its effects on the child.
Mediation and Conflict Resolution
The best way to stop parental alienation is to facilitate communication and reconciliation between parents. The parental alienation lawyer will use alternative dispute resolutions to try to minimize court involvement. However, if negotiations and communication fail, the attorney must be ready to take the matter to the courts.
Legal Representation and Advocacy
Once evidence is gathered to confirm parental alienation, the attorney will file necessary legal motions and petitions for changes in child custody or parenting time based on parental alienation. The attorney will then represent the client in court hearings and custody battles, including presenting evidence and arguments on behalf of the client.
Child Custody and Visitation Rights
The parental alienation attorney will ultimately advocate for fair custody arrangements. This may involve a change in custody, such as transitioning from sole custody to joint custody or changing the child’s place of residence. The attorney also will ensure enforcement of visitation rights and address violations with the court.
Post-Judgment Actions
Once a court order has been issued in a parental alienation case, the attorney can monitor compliance with the order, including parenting time and visitation. If alienation continues, the attorney can request modification of custody arrangements with the courts.
FAQs
Parental alienation is when one parent turns the child against the other. It can be recognized by evaluating the behavior of the child. Often the child’s behavior will seemingly change overnight. Where they once had a positive relationship with the alienated parent, they will instead be rude and spiteful. When asked about this, the child will use borrowed scenarios to justify their actions.
The easiest way to prove parental alienation is through expert witness testimonies. Psychologists and child welfare experts who spend time with the child and evaluate the child’s behavior can also provide proof of parental alienation.
The child’s behavior can be evidence of parental alienation, but the majority of the evidence must come from experts. Psychological evaluations of the child may be submitted as evidence as well. Evidence of being denied parenting time can also be presented, if applicable.
Yes, a parental alienation lawyer can help if you have already lost custody. The parental alienation lawyer can request modifications to custody and visitation based on parental alienation.
The court determines this by listening to witness testimony and reading psychological reports. The other parent’s behavior in court may also support allegations of parental alienation.
Potential legal consequences include changes in custody or parenting time arrangements. It is even possible for the alienating parent to lose custody.
Resolving a parental alienation case is not a swift process. If negotiations with the alienating parent are not successful, the alienated parent has to wait for a court date, which can take some time in backlogged New Jersey family courts. However, most cases are resolved within a year.
Yes. The lawyer can advocate for the parent in court, presenting witness testimony and other evidence to disprove parental alienation.
Mediation is a way for parents to negotiate the terms of custody and parenting time with minimal interaction with the courts. During mediation, the parental alienation can be brought up with the alienating parent, and lines of communication between the parents may be able to be restored. Mediation where both parents agree on custody matters is best for the child.
If you suspect your ex-spouse is alienating your child, you should contact a parental alienation lawyer as soon as possible. Get the child into therapy if possible so that a professional evaluation can be made.
Resources and Support for Affected Families
Legal Assistance
- Rosenblum Law: experienced attorneys specializing in parental alienation and family law.
- Legal Services of New Jersey: This organization has attorneys specializing in parental alienation for low-income individuals who cannot otherwise afford legal representation.
Psychological Support Services and Counseling
- Child and Family Counseling Center: Specializing in bringing families closer together.
- Theravive: A family counseling referral service.
- Center for Family Services: Provides child and family support in parent alienation cases.
- Youth and Family Counseling Service: Specializing in parental alienation and restoring family relationships.
- MCC Family Services: Counseling for children and families.
Educational Materials on Parental Alienation
- The International Handbook of Parental Alienation Syndrome: A compilation of 38 professionals across eight countries.
- Surviving Parental Alienation: A Journey of Hope and Healing by Amy Baker: Gives guidance on recognizing and handling parental alienation.
- Toxic Divorce by Kathleen Reay: A workbook for alienated parents.
- The Essentials of Parental Alienation Syndrome by Robert A. Evans: A close look at the role of therapeutic and legal interventions.
- Co-parenting With a Toxic Ex by Amy Baker: What to do when your ex-spouse turns against you.
- Parental Alienation by L.F. Lowenstein: How to understand and address parental alienation resulting from acrimonious divorce or separation.
- A Family’s Heartbreak: A Parent’s Introduction to Parental Alienation by Micheal Jeffries and Joel Davies: The true story of a parent who struggled with parental alienation.
Contact Rosenblum Law Today
It is vital to recognize and address parental alienation, both legally and psychologically, as soon as possible. The longer the situation continues, the more harm will come to the child now and possibly into adulthood.
Many parents do not realize that parental alienation can be brought before the court. It is important to seek professional legal help if you are a family affected by parental alienation.
Rosenblum Law has attorneys who specialize in family law and parental alienation. We have successfully helped many alienated parents rebuild relationships with their children through mediation and litigation. If you are a victim of parental alienation, contact us today for a free consultation and case evaluation.