Legally, the issue of parental alienation is downplayed and is often found to be outside the jurisdiction of the courts. By nature, Parental Alienation is the act of intentionally distancing your child from their other parent. While this behavior is known for placing a significant strain on many parent-child relationships, the act of engaging in the alienation of a child by one parent itself is not illegal in California.
Parental Alienation and Child Custody:
Though California law does not make acts of parental alienation alone illegal, instances of this behavior can have adverse effects on the development of new custody orders and existing ones. However, most parents do not realize that this alienation is occurring. The lack of recognition makes it extremely important that parents understand how to handle cases of parental alienation involving their child and their other biological parent.
What Is Parental Alienation?
Parental alienation is the act of a child’s biological parent intentionally engaging in behavior that weakens the child’s relationship with their other biological parent. This type of alienation often occurs in families who no longer follow the formal family structure. Children whose parents are entering, in the middle of, or have completed a divorce are the most common victims of parental alienation. When parental alienation occurs, it impact can manifest through any of the following:
- Making derogatory comments about the other parent in front of or to their child.
- Intentionally making up and sharing false information and lies about the other parent to the child.
- Purposely failing to abide by the existing custody arrangement’s rules and regulations detailing the child’s care.
- Intentionally comparing the other parent to their new partner, to defame the other parent’s character to their child.
- Restricting, controlling, or entirely preventing communication between the child and their other parent.
- Preventing the child from visiting their other parent.
- Bribing the child with tangible or intangible means that intentionally cause the child to miss scheduled custody visits with the other parent.
- Intentionally limited the other parent’s access to information regarding the child’s safety, health, and care.
This is not an exhaustive list. Therefore, any act committed by a parent with the strategic intention of placing a significant strain on the child’s relationship with their other parent may be considered parental alienation. Because of this, it may be helpful for parents concerned their child is being subjected to acts of parental alienation to look for the following behavior changes in their child.
If your child:
- Is regularly engaging in criticism of the alienated parent without just reasoning
- Makes up false stories about the alienated parent
- Begins hating all extended family members on the alienated parent’s side of the family
- Starts using adult language when discussing the behavior, character, or general existence of the alienated parent
- Or has chosen a good and bad parent without any sound justification
They may be being subjected to parental alienation. If you notice one or more of these sudden behavioral changes in your child, consider documenting the behaviors and gathering evidence.
How To Prove Alienation has Occured:
Because Parental Alienation itself is not illegal in California, it is crucial to your child’s well-being that you seek out legal counsel in the instance that you begin to suspect they are being subjected to any form of parental alienation. However, consider taking the steps outlined below if you are experiencing a delay in contacting a child custody lawyer or have not yet contacted one. These steps can be completed independently to help gather evidence and strengthen your case.
- Begin Keeping Detailed Records: Whether or not you’ve already contacted or hired your attorney, keeping a detailed record is crucial to proving parental alienation. Common examples of information included in a detailed record documenting parental alienation are:
- Printed copies of text messages, emails, and logged phone call logs documenting contact between your child and their other parent
- It is also beneficial to your case that you keep a detailed log of each time you attempted to visit or contact your child and were denied by their other parent
- If a child custody agreement was already in place, it is also essential that you document each time your child’s other parent violated the contract’s rules and regulations
- A strong and organized detailed record will include all possible pertinent information, such as date, time, location, individuals who were present, and any other information that could potentially strengthen your claim.
- Document All Publicly Available Evidence Possible: When gathering information to prove a case of parental alienation, social media can be highly beneficial. If your child’s other parent has, at any point, taken to social media, you must take screenshots to document their posts. Suppose you are unable to access the other parent’s social media. In that case, you should consider asking a close and trusted family member to assist you in monitoring the account and documenting the post.
- Compile A List Of Potential Witnesses: In addition to keeping a complete and detailed record of all contact between your child and their other parent, and monitoring their social media, compiling a list of witnesses to the acts of parental alienation will be extremely beneficial to your case when bringing it before a judge. Witnesses can be anyone who you believe has been present when your child’s other parent engages in the act of parental alienation.
Can One Sue the Other Parent for Alienation of the Child?
One cannot sue another based solely upon the grounds of parental alienation because there are no specific laws governing it in California. However, proving that your child has been subjected to acts of parental alienation can lead to changes in your child custody agreement. Specifically, after hearing your case, the judge may rule to alter the terms and conditions of the custody agreement, or they may even choose to award you sole custody. Like any other case, the judge’s ruling will depend on your case’s specific circumstances. Further, it is essential to note if the other parent’s act of parental alienation has included false accusations or derogatory posts, statements, or actions. If so, you may be able to file a civil lawsuit against them. Although, the lawsuit would not be filed based on alienation. Instead, you may be able to file a civil lawsuit on the grounds of defamation of character.
Contact Pride Legal
If you or a loved one has been the victim of parental alienation, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.