What Is Parental Alienation?

Parental alienation is a term used in family law to describe a situation where a child is alienated from one parent as a result of psychological influence or manipulation by the other parent. This can occur in high-conflict divorce or separation situations, where one parent may attempt to damage or sever the child’s relationship with the other parent.

In Texas, courts consider the best interests of the child when making custody decisions. Usually, the court will find that it is in the best interests of a child to have a relationship with both parents. When a court finds that parental alienation is taking place, it can greatly influence the result of a child custody case.

What Are the Signs of Parental Alienation?

Recognizing the indicators of parental alienation is the initial step in tackling the problem. These signs can vary widely, but some common indicators include:

  • The child consistently denigrates or criticizes one parent in the presence of the other.
  • The child expresses unjustified hatred or unreasonably strong dislike of one parent.
  • The child’s negative feelings towards one parent are almost exclusively based on the other parent’s views.
  • The child feels guilty or shows excessive anxiety about spending time with the alienated parent.
  • The child uses language or expresses ideas that seem beyond their age or experience, suggesting they may be parroting the alienating parent.

If you notice these or other signs of parental alienation, it’s important to document them. Keep a detailed record of incidents, including dates, times, locations, and any witnesses. This can be crucial evidence if you need to prove parental alienation in court.

How Can I Prove Parental Alienation in a Texas Court?

Proving parental alienation can be difficult, as it frequently includes nuanced actions and indirect influence. If there could be another explanation for the child’s negative feelings, the court will generally not find parental alienation. However, there are several strategies that can be used to demonstrate parental alienation in a Texas court.

Firstly, you can gather evidence of the alienating behaviors. This could include text messages, emails, or other written communications between the child and the alienating parent or between you and the alienating parent. It could also include testimony from neutral third parties, such as teachers or counselors, who have observed changes in the child’s behavior or attitude towards you.

Secondly, you can request a child custody evaluation. In Texas, a court may order a child custody evaluation to be conducted by a qualified professional, such as a psychologist or social worker. This evaluation can provide an objective assessment of the child’s relationship with both parents and can identify signs of parental alienation.

What Legal Remedies Are Available in Texas for Parental Alienation?

If parental alienation is proven in a Texas court, there are several legal remedies that may be available.

One option is to request a modification of the existing child custody order. If the court determines that the alienating parent is acting against the best interests of the child, it may change the custody arrangement to limit that parent’s influence. This could involve reducing the alienating parent’s visitation time or even granting sole custody to the targeted parent even though the child is opposed to that. If the child has not seen the targeted parent for a long period of time and the child is young, the court may order that the periods of possession be gradually increased to help the child adjust.

Another option is to request court-ordered therapy or counseling for the child and/or the alienating parent. This can help to repair the damaged parent-child relationship and can educate the alienating parent about the harmful effects of their behavior.

In severe cases, the court may also impose sanctions or penalties on the alienating parent. This could include fines, community service, or even jail time in extreme cases.

Can Parental Alienation Affect Child Support in Texas?

In Texas, child support is determined based on the noncustodial parent’s income and the number of children they are responsible for supporting. However, if parental alienation is proven, it could potentially impact child support arrangements.

For instance, if the court modifies the custody arrangement due to proven parental alienation, this could also lead to a modification of child support. If the alienating parent loses primary custody, they may be required to pay child support to the targeted parent. If the targeted parent gains more custody time, their child support obligations may decrease.

Any changes to child support must be approved by the court. If you believe your child support arrangement should be modified due to parental alienation, an experienced attorney can help you present your case.

Parental alienation is a serious issue that can have long-lasting effects on both you and your child. Don’t try to handle it alone – call an experienced attorney to protect your rights and the well-being of your child.

How Can an Experienced Attorney Help with My Parental Alienation Case?

An experienced attorney can provide invaluable assistance in a parental alienation case. They can guide you through the complex legal process, help you gather and present evidence, and advocate for your rights and the best interests of your child in court.

In addition, an attorney can help you navigate the emotional challenges of a parental alienation case. They can provide support and advice and can connect you with resources such as therapists or counselors who can help you and your child cope with the situation.

Finally, an attorney can help you explore all available legal remedies and can work to ensure that the court’s decision reflects the best interests of your child.

If you are dealing with parental alienation in a child custody case, call Laura D. Heard Law Firm Inc. today at 210-775-0353. They can provide the legal guidance and support you need to protect your rights and your relationship with your child.