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Parental Alienation In Custody Cases And How To Fight It

Written by Z Family Law | Jan 23, 2025 3:32:06 PM

Divorce and the ensuing custody battles are hard on children. In the worst instances, you might find your child depressed, angry, or withdrawing due to the nature of a split between parents. In these cases, there are options for helping your child feel empowered during this difficult time, including opportunities ranging from counseling to letting them have a say in custody decisions. 

 

In some cases, however, a child might withdraw from a parent during a custody dispute because they are being influenced and alienated by the other parent. Parental alienation in custody cases is a real issue that can permanently affect your relationship with your child. 

 

The lawyers of Z Family Law have been helping families come to resolutions for their divorce and custody cases, which means assisting with healthy outcomes that benefit your most vulnerable family members, such as your children. 

 

This blog outlines tips for how to recognize parental alienation and the legal options you have in your power to fight it. Give it a read to better understand how to protect your children during this emotional period. 

 

Disclaimer: This article is current as of December 2024 and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today. 

 

What Is Parental Alienation?

 

Parental alienation occurs when one parent attempts to isolate their child and turn them against the other parent through tactics such as lies and manipulation. A parent might purposefully choose to alienate their child from their co-parent out of spite or to take revenge if they feel wronged by the other parent. They might also use alienation as a tactic to gain an upper hand in the custody battle or to undermine an existing custody arrangement. If the custody case is still in court, the offending parent might hope that the child will request an arrangement that is more accommodating to their own desires. 

If you are wondering what parental alienation looks like, you might notice signs when interacting with your child such as:

  • Your child refusing to visit or spend time with you
  • Your co-parent speaking negatively about you in front your child
  • Uncharacteristic hostile moods from your child
  • Withdrawn, silent, or negative behavior from your child
  • Controlling behavior from your co-parent regarding your child
  • Your child making false claims regarding you or your co-parent
  • Your co-parent withholding information about your child
  • Your child expressing fear or distrust around you
  • Your child bad mouthing you to other people
  • Your child denying their love for you or the positive experiences you’ve shared
  • Your child expressing preference for the other parent
  • Your child using negative language that mimics that of your co-parent

These are some of the common signs and symptoms of parental alienation, but of course every case is unique, and these signs don’t always mean parental alienation is happening, nor are they the only ones. You should be proactive and investigate any behavioral issues that your child displays throughout the custody process and beyond.

 

Legal Options For Parental Alienation In Custody Cases

 

Research suggests that parental alienation can have detrimental effects on the development of children past adulthood. It can interfere with their mental health for years to come, which is why it’s essential to address parental alienation as soon as possible. Since the court tries to make custody decisions that are in the best interest of the child above all else, they will often take an interest in any possible parental alienation that is happening. 

 

Some of options you have for combating parental alienation through legal avenues include:

  • One of the first and most essential steps is to document any evidence of parental alienation and instances in which you felt it has come into play. Has your child been disaffected, uncommunicative, or expressed a strong preference for the other parent? Record these instances with dates and note their frequency. If at all possible, write down exact wording that has been used either by your child or your co-parent.

  • Likewise, you can gather evidence in the form of witnesses–other family members, teachers, counselors, coaches, or anyone else who can give testimony on your child’s change in behavior or testify about the types of language that your co-parent uses around your child.

  • Finally, as far as testimony goes, you can consult mental health professionals, particularly child psychologists, who can evaluate your child for signs and symptoms of parental alienation and present their findings in front of the court.

  • If there is any proof of your co-parent withholding information or refusing you time with your child, you will need to collect these incidents as evidence as well. 
  • Once you have your evidence documented, you and your legal counsel can present your case to the court and allow them to take appropriate measures.

  • Respect all court orders and procedures and attend any hearings. If there is a protective order against you, you must comply with it. 

 

If you are dealing with parental alienation from a co-parent, you need to take measures to address it with the help of qualified legal counsel who can look out for the best interests of you and your child. 

 

Z Family Law Can Deal With Any Issues In Your Custody Case


Z Family Law can help you take action swiftly and effectively to protect your child if you suspect that parental alienation is taking place. We know you want to make the decisions that are best for your family, and our extensive experience in family law, dedicated compassionate care, and Client Concierge services for your non-legal needs mean you will never walk alone, with Z Family Law by your side. Reach out to schedule a free case evaluation, and we will begin to get to know you and the custody situation you are facing.