Divorce is challenging for families, uniquely so for children. In a perfect world, it would be easy to leave the pain and heartache of separation behind. But sometimes, emotions and unique circumstances make it tricky to move forward. Unfortunately, the court may have to intervene when parents separate and cannot effectively co-parent or use tactics to hurt the other parent’s relationship with a child.
Parental alienation hurts children and families. At Leigh Daniel Family Law, our parental alienation lawyer in Huntsville focuses on helping you come out of a difficult situation as a better person and parent. We want to help you build a meaningful relationship with your child – and that may mean helping you exercise your legal rights when parental alienation starts to damage your family.
Whether you are divorcing or establishing a child custody agreement, our compassionate legal team wants to craft a legal strategy that protects you and your child. Contact our Huntsville office today for a confidential legal consultation to discuss your concerns about parental alienation.
What Is Parental Alienation?
Alabama courts recognize the value of allowing both parents to establish and maintain a strong bond and family relationship with their child after divorce or separation. Joint custody or visitation agreements typically require parents to work together to co-parent their child effectively, even while divorced or in the process of divorce. A contentious relationship between adults cannot affect the loving relationship between a parent and child.
At its heart, the alienation of a parent occurs when one parent tries to sabotage or damage the other parent’s relationship with a child. This aggressive behavior can manifest in several ways, with the goal of harming or changing how a child views or interacts with the other parent. It can be a technique used for control, power, and inflicting psychological harm.
One study indicates nearly 3.9 million children in the U.S. experience moderate to severe parental alienation. The consequences of parental alienation can be significant for both the parent and child, causing:
- Trust issues
- Detachment disorders
- Distorted sense of self
- Self-destructive or negative behaviors
- Emotional distress
- Tendency to abusive relationships
- Feelings of anxiety, guilt, and grief
Examples of Parental Alienation
Parental alienation is more than concerns about another parent’s parental style. Parental alienation is a systematic pattern of behaviors that degrade the parent-child relationship. Parental alienation can take several forms, such as:
- Criticizing or belittling the parent in front of the child
- Making false claims about the other parent
- Undermining their parental authority
- Not allowing the child to talk to their other parent
- Keeping the child from visitation
- Not consulting the parent on important decisions concerning the child
- Trying to replace the parent
Identifying and addressing these concerning parental behaviors is essential to protect the health and well-being of your family.
Understanding Parental Alienation Laws in Alabama
Alabama law stipulates that both parents should share the rights and responsibilities of raising a child and that children should have frequent contact with both parents when possible. The courts prefer child custody outcomes that give each parent access to a child as long as maintaining a relationship with each parent is in the child’s best interests.
Parental alienation tactics seek to erode the healthy relationship between a child and a parent, potentially to the point where a shared custody arrangement is no longer in the child’s best interests because it is causing pain and psychological harm to the child. However, there is no specific Alabama statute that explicitly addresses parental alienation. The court can weigh the behavior as a factor in divorce or child custody-related matters, though.
How Do You Prove Parental Alienation in Court?
Proving parental alienation can be challenging in a Huntsville court. Substantial and compelling evidence must show how one parent’s behavior negatively impacts the other parent’s relationship with their child. The key to building a strong case is patience and thoroughly documenting the concerning behavior.
Proving parental alienation can include:
- Documentation of concerning statements and behavior (phone calls, emails, or texts)
- Witness statements
- Photos or videos of abusive or inappropriate behavior or statements
- Child interviews
- Expert witness testimony and professional evaluations
- Disparaging public posts or social media evidence
- Documentation of denied visitation or custody exchanges
- Medical records
- School records
Detailed psychological evaluations, documentation that shows a history of disparaging remarks or attempts to prevent visitation, and other evidence can show a pattern of behavior that damages a child’s relationship with their parent. The strength and volume of evidence can also help the court differentiate between false allegations and actual parental alienation.
Legal Remedies for Parental Alienation in Alabama
The legal remedies for parental alienation in Huntsville vary depending on the situation’s unique circumstances. When parental alienation is detrimental to a child’s well-being and the child-parent relationship, the court may intervene. It may modify an existing custody order or require family therapy to help parents work through their differences and find common ground and tools to co-parent together effectively. The court can also enforce custody rights if a parent is keeping the child from their other parent.
Preventing Parental Alienation During Divorce or Separation
You don’t have to be in a romantic relationship with someone you are co-parenting with. Still, you do have to maintain a respectful relationship with your co-parent, especially in front of your child. Your behavior sets a tone and can help foster healthy communication and family dynamics that benefit your child’s physical and emotional development. Consider these strategies for cultivating a healthy co-parent relationship:
- Work on good communication
- Promote positive interactions
- Focus on bonding and making your child feel safe
- Respect your child’s feelings
- Seek therapy or professional help
- Find local resources and support groups
- Consult an attorney for help
When you focus on building a healthy, positive, and loving relationship with your child, it becomes harder for the other parent to infiltrate and contaminate that bond. Make sure your child knows you love them and that you offer a safe space to express their feelings.
Speak with a Huntsville Parental Alienation Lawyer Today!
With over 30 years of legal experience, the team at Leigh Daniel Family Law knows how to help Huntsville families during tough times. We have a tremendous track record of delivering results and providing high-quality legal representation to satisfied Huntsville clients who call us “compassionate, kind, knowledgeable, and effective.” Let us help you maintain a strong bond with your child and fight back against parental alienation tactics. Contact our Huntsville, Alabama, office today to discuss your concerns.
