Understanding Parental Alienation and Legal Options for Fighting It

When child custody or father’s rights cases get especially difficult, it may lead to parental alienation. This is a serious issue that occurs when one or more of the parents involved maligns the other in an attempt to gain control, retribution, or some other perceived or unconscious benefit.

If you feel like someone is working to alienate you from your child, you have options for addressing the issue. That includes options within the family law process.

What Is Parental Alienation?

Parental alienation occurs when one or more of the parents—or someone else involved with the child—takes actions that cause the child to feel negatively about or react poorly to the other parent. The other adults involved may be working to alienate you purposefully, or the alienation may occur as an unfortunate side effect of other behavior.

For example, if a mother is angry with a child’s father because of a recent divorce and related actions, she might purposefully manipulate a child to think poorly of the father through what she says and how she responds to the father. However, situations also occur where a parent doesn’t purposefully try to shift a child’s feelings but the child picks up on the adult’s emotions anyway.

It’s also important to note that parental alienation can go both ways. A father could also take these types of actions or inadvertently cause a child to be angry or against a mother.

What Are the Signs of Parental Alienation?

Some signs of parental alienation include:

  • A child acting with animosity toward a specific parent, especially when there isn’t another explanation or the behavior is over an extended period
  • A child acting with animosity toward the extended family of a parent, including grandparents, uncles and aunts, the parent’s new spouse, or stepsiblings
  • A child constantly criticizing a parent, especially when the criticisms are unfounded or sound like the child is parroting someone else’s complaints
  • Undue restrictions by one parent on how the other parent can communicate with or spend time with a child

Does the Law Offer Remedies to Situations That Involve Parental Alienation?

Yes, if you feel like you are the victim of parental alienation, the law does offer some options for seeking remediation of the issue. It’s important to understand that there is not necessarily an easy button to fix these types of issues, and you may need to work through a lengthy process to stop the alienating activity and begin to rebuild a relationship with the child.

The Typical Stance of Indiana Family Law Courts

In general, the Indiana family law courts take the stance that it is best for a child to have a healthy relationship with both parents. Mostly, the courts will champion parenting time agreements and plans that allow this to happen, and they will not support parental alienation.

However, depending on your situation and the facts of your case, you may need to do some work to demonstrate to the court that you can provide a safe, healthy relationship and space for your child. Consider talking to a family law attorney about your options and what you might expect if your custody matter goes to court.

Legal Actions You Can Take

Some legal actions you might consider taking if you believe you are dealing with an issue of parental alienation include:

  • Talking to your family law attorney. Begin your journey to a healthier relationship with your child by talking to your family law attorney. Even if you don’t plan on taking legal action, your attorney can ensure you understand all your options and provide some guidance about the potential outcomes of actions you do plan to take if they might lead to legal issues later.
  • Asking the court to order family therapy. Counseling can help resolve emotional issues that lead to parental alienation. If the other parent is not willing to engage in family therapy or to allow the child to do so, you may need to talk to your lawyer about whether you can seek court-ordered therapy.
  • Requesting a custody evaluation. If you believe that the current arrangement is not in your child’s best interest or you can’t get the other parent to discuss custody arrangements reasonably, you might ask for a court-ordered custody evaluation. An impartial mental health professional typically handles these evaluations and may be able to suggest some healthier custody options that can reduce parental alienation.
  • Seeking court-ordered compliance with existing custody orders. If the parental alienation has gone so far that the other parent is refusing to comply with custody orders or is passively interfering with them, you might seek assistance from the court in enforcing those orders.
  • Considering whether a custody modification is necessary. In cases where you believe you need a different separation of parenting time to help address the alienation issue, you might consider filing for a custody modification.

If the list of options above sounds a bit daunting, it’s because some of these processes can be difficult and complex. That’s why it’s important to work with professionals who can guide you through the process. At the Deidre Haynes Law Office, we work closely with each client to understand their goals and needs. Then we fight for their rights as parents and individuals to help ensure a more positive outcome in divorce and child custody proceedings. Call the Deidre Haynes Law Office at 317-785-1832 if you’re ready to address parental alienation with legal remedies.