Charlotte Divorce Lawyer Blog
Understanding Parental Alienation
When parents divorce or live apart, they both continue to spend time with their children. Over time, they will usually continue to develop deep and lasting relationships. Sometimes, however, children may become alienated from a parent. In some cases, parental alienation syndrome may be to blame. A parent may need to turn to the courts for assistance in dealing with parental alienation.
What is Parental Alienation?
Parental alienation syndrome is a term coined in the 1980s to describe a deteriorating relationship between a child and parent. Parental alienation occurs when a child rejects a parent due to the manipulation of the other parent. One parent may manipulate the child to reject the other parent. A parent may use various techniques that attempt to control or negatively influence a child’s relationship with the other parent. These could include such things as preventing visitation and making unfavorable remarks, among other things.
What Can I Do About Parental Alienation?
Parental alienation can be devastating and can result in an erosion of the parental bond with a child that lasts into adulthood. Once the parental bond is broken, it may be difficult to resolve. It is best to take steps to fix the problem as soon as possible. There are some legal options to handle parental alienation. A parent may need to seek modifications to custody and visitation through the courts. The law also allows a parent to bring a claim of parental alienation in some circumstances.
Legal Options for Parental Alienation
A parent who is the victim of parental alienation may take legal action. The parent may file a tort claim against the other parent for alienation of parental affection. There are three main parts to prove this claim. You must show that you had a good relationship with the child before the alienation occurred. You must also prove that the malicious conduct of the other parent caused the parent-child relationship to become damaged or destroyed.
If successful, you could be awarded a monetary sum and/or there may be a modification of custody or visitation agreements. In situations where the court finds that there has been alienation, they may order counseling or therapy for reunification of the relationship. Sometimes, the court may request psychological evaluations of the parents and child. A guardian ad litem may be appointed to protect the best interests of the child.
Seek Legal Guidance
Parental alienation can be extremely painful for both parents and children. Although parental alienation may be rooted in psychological issues, the first step towards resolution is often to consult with an experienced family law attorney. It is important to document the behaviors that indicate parental alienation, such as saving messages, noting missed visits, and keeping notes of comments that pertain to the issue. Counseling can often help to bring some clarity and, at the very least, may improve communication and heal wounds.
To learn more about parental alienation and find out the options available to you, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.psychologytoday.com/us/basics/parental-alienation
https://www.law.cornell.edu/wex/guardian_ad_litem
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