Divorce is hard enough without one parent trying to turn a child against the other. Some parents use parental alienation as a weapon in high conflict divorces, separations, and custody arrangements. They make negative comments to try to make a child reject the other parent out of spite or to manipulate a custody decision. Alabama courts take alienation seriously because it damages parent-child relationships and creates long-term emotional harm.
If you suspect parental alienation occurred before, during, or after your divorce, you deserve a strong legal advocate in your corner. An experienced family law attorney can help you understand whether parental alienation applies to your circumstances and discuss your legal options.
What Is Parental Alienation
Parental alienation happens when one parent tries intentionally to make a child fear, dislike, or reject the other parent. This goes beyond a child feeling naturally upset after a divorce. In cases of parental alienation, the alienating parent manipulates the child’s emotions to damage or break their bond of trust and affection with the other parent.
Signs a Parent May Be Encouraging Alienation
Parental alienation in Alabama takes different forms but shares common characteristics. The parent attempting to break a child’s bond with the other parent may try to:
- Block or interfere with the other parent’s child visitation
- Disparage the other parent in front of the child
- Tell false or exaggerated stories to cause the child to fear or resent the other parent
- Encourage the child to reject, avoid, or criticize the other parent
- Reward the child for ignoring or disrespecting the other parent
- Discourage communication between the child and the other parent
Parental Alienation vs. Legitimate Estrangement
Sometimes, children have valid reasons for distancing themselves from a parent, which is known as legitimate estrangement. Before deciding on custody issues, courts will consider whether the child’s feelings are authentic or manipulated by an alienating parent. If alienation exists, the court may step in to prevent further damage to the parent-child relationship.
Here are the differences between parental alienation and legitimate estrangement.
Parental Alienation
There are signs of parental alienation that the court looks for, such as:
- One parent manipulates the child’s emotions to turn them against the other
- The child rejects a parent without logical or valid reasons
- The alienating parent exaggerates or fabricates negative claims
- The child expresses hostility that seems scripted or out of character
- The child may fear upsetting or angering the alienating parent if they express affection for the other parent.
Legitimate Estrangement
In a legitimate estrangement situation:
- The child has genuine reasons to distance themselves from the estranged parent, such as abuse, neglect, or harmful behavior.
- The rejection stems from the parent’s actions, not external manipulation.
- The child’s feelings match personal experiences.
- The court may limit custody if a parent poses a real danger to the child’s well-being.
Impact of Parental Alienation on Divorce Proceedings and Child Custody
Alabama courts follow the best interest of the child standard when making custody decisions. Alabama custody laws seek to promote strong relationships with both parents whenever possible. Judges in Alabama take parental alienation seriously because it affects the child’s emotional health. If proven, alienation could lead to:
- Changes in Custody – Judges may modify custody orders if one parent intentionally damages the child’s bond with the other. This change could change joint custody to sole custody.
- Court-Ordered Therapy – Alabama courts may order reunification therapy, in which a professional helps to rebuild the relationship between the alienated parent and the child.
- Supervised Visitation – If the court finds that a parent is harming a child emotionally through alienation, the court may limit their visitation rights or require supervised visits. This protects the child against further manipulation.
- Legal Consequences – Judges in Alabama can hold an alienating parent in contempt of court for interfering with custody orders. If violations continue, penalties may include fines, loss of visitation rights, or jail time.
Proving Parental Alienation in Court
Proving parental alienation requires evidence. It’s important to have the representation of an experienced Huntsville child custody attorney who understands the types of evidence needed to build a compelling parental alienation case. Here are the best ways to document your case:
- Keep Detailed Records – Write down every incident in which the other parent interferes with visits or makes false claims. Save text messages, emails, and voicemails that show manipulation of the child.
- Gather Witness Statements – Teachers, counselors, family members, and friends who observe alienating behaviors can provide testimony. Their observations add credibility to your claims.
Request a Psychological Evaluation – Alabama courts may order a mental health evaluation for the child and parents if alienation is suspected. A trained professional can determine whether the child has been manipulated. - Contact an Alabama Divorce Lawyer – A qualified attorney can find legal avenues to counter parental alienation, such as filing a contempt motion if an ex violates custody orders.
What to Do When Facing Parental Alienation
If you suspect parental alienation from your former spouse, don’t wait. Parental alienation takes its toll on the targeted parent and the child. Here are the steps you can take:
- Stay Calm and Avoid Retaliation – Reacting with anger can backfire. Courts want to see that you are a stable, loving parent who prioritizes the child’s needs, not a bitter former spouse bent on retaliation.
- Focus on Your Child – Backing away from your child is not the answer. Exercise your parental rights for your child’s physical, legal, financial, and emotional environment. Remind your child that you are always there.
- Get Legal Help – An experienced family law attorney can take a calm, objective approach. You do not want to risk further harm to the relationship between you and your child by fighting parental alienation on your own.
Contact an Alabama Divorce Attorney Today
Alabama laws protect parents from unfair custody interference. If your estranged spouse or ex or a third party is turning your child against you, do not wait to act. Leigh Daniel Family Law has over 30 years of experience helping families in Huntsville, Alabama through challenging life events such as divorce, child custody, and parental alienation. We can stand up for your rights to help you remain an active parent in your child’s life. As one client wrote:
“Leigh was very straightforward and let me know exactly what to expect. I appreciated her honesty, which prepared me for the outcome. I felt she was invaluable in representing my interest.”
Contact Leigh Daniel Family Law today for an in-person or secure virtual consultation. With our dedicated legal team by your side, you can take the proper steps to restore and preserve your parent-child relationship.
