Parental Alienation | Texas Child Custody Attorneys

Legal and Social Recognition of Parental Alienation

In 1985, Dr. Richard Gardner, an American psychiatrist was the first to publish psychological papers confirming the existence of “parental alienation syndrome."  Dr. Gardner notes that "The target parent of the parental alienation can be either a mother or father." Since then, parental alienation is increasingly recognized in family law, with courts considering allegations of such behavior when making custody and visitation decisions. However, the concept remains controversial. Critics argue that it can be misleading and used to discredit claims of abuse or to manipulate judicial outcomes. Despite this, many legal systems have begun to adopt protocols to identify and address potential cases of parental alienation effectively and fairly. 

Unfortunately, identifying parental alienation in child custody cases is often a time intensive process which often involves a combination of legal procedures, psychological assessments, and judicial discretion. Parental alienation occurs when one parent manipulates a child to turn them against the other parent, which can significantly impact child custody decisions. Below are some of the key protocols and considerations.

Proving Parental Alienation In Court

When addressing cases of parental alienation, the strategies employed typically engage both the legal system and mental health professionals, reflecting the complex nature of the issue. Some of the interventions are below:

• Legal interventions: Courts may adjust custody arrangements to protect the child’s relationship with both parents. This could include ordering therapy, revising visitation schedules, or, in extreme cases, changing custody if the alienating behavior continues. The court could also change the primary custodial parent or decrease visitation rights of the parent causing the alienation to occur.

• Therapeutic interventions: Professional counseling for both the child and the parents can be crucial. Therapy may focus on repairing the parent-child relationship, educating the alienating parent on the impact of their actions, and helping the child develop a balanced view of both parents. These may also involve "Child Custody Evaluations" to determine how best to protect the child.

• Expert Testimony: Mental health professionals may provide expert testimony regarding the existence and effects of parental alienation. They assess the child's behavior, emotional state, and attitude towards each parent, and report their findings to the court.

It is important to note that Texas family law does not explicitly mention "parental alienation" as a legal term, but the concept is recognized under the broader scope of managing the child's best interests. Judges consider factors that affect the psychological and emotional well-being of the child which will include alienation acts of a parent.  While parental alienation is a complex issue to prove due to the lack of clear physical evidence such as photographs or medical records (i.e. th harm caused by parental alienation is almost all psychological,) you must diligently identify the signs of alienation and document them with a skilled mental health professional who can recognize and address the issue promptly. If not addressed early, the negative impact on the child can be significant and hard to reverse.

How to Prevent Parental Alienation In Your Family Law Case

Preventing parental alienation is essential to guard the psychological well-being of children and maintain healthy family dynamics. Educating parents about the damaging effects of involving children in adult conflicts, alongside providing educational programs that teach effective co-parenting strategies, helps minimize conflict and promotes a nurturing environment. Additionally, it is crucial for professionals such as lawyers, judges, and therapists to be adept at recognizing the early signs of alienation so they can intervene effectively. By understanding the impact of alienation and implementing targeted interventions, these professionals can foster an environment of understanding and cooperation. This approach prioritizes the best interests of the child, helping to mitigate the harmful effects of parental alienation and support the development of robust family relationships.

It is important for the reader to know that false allegations of parental alienation often will and do backfire against the person bringing them. In our 25 years of family law experience, we've seen large awards of attorney's fees against the parent who made the false allegations and, in extreme circumstances, a parent lose primary custody altogether. Accusations of parental alienation must not be made lightly and without significant supporting evidence. It is very possible that your particular judge does not believe parental alienation is real despite the societal evidence showing that it is. You must know your judge before making a parental alienation accusation.

Attorneys Who Defend Against Parental Alienation

Wilson Whitaker Rynell, a board-certified team of family law attorneys in Dallas, Texas, specializes in handling cases of child parental alienation. Parental alienation can severely impact your child and your relationship with them. If you suspect or face parental alienation, it's crucial to seek experienced legal help and begin to lay the foundation to stop the abuse. Our attorney experts are dedicated to protecting your relationship with your child, and your child's relationship with the family. We know that navigating the complexities of Texas family law is difficult, but we are here to help prevent further harm to the child. Call Wilson Whitaker Rynell today at 972-248-8080 or fill our on online form to setup a consultation.