What is the Legal Definition of Parental Alienation?

Divorce can have negative consequences depending on how the ex-spouses handle the situation. It can get more challenging when parental alienation is involved, creating more conflict in the custody battle. While Alabama has no specific law addressing parental alienation, the state takes it seriously, as it can damage a parent-child relationship and create long-term emotional harm.

Family law attorneys in Birmingham define parental alienation as when one parent intentionally tries to make a child fear, dislike, or reject the other parent. The alienating parent manipulates the child’s emotions to break or damage the bond of trust they have with the other parent. The result is that the child acts in a manner beyond feeling naturally upset because of the divorce.

If you’re a victim of family alienation, seek the legal counsel of skilled child custody lawyers in Birmingham. They can evaluate your case specifics and advise on your legal options to protect your parental rights.

Signs of Parental Alienation

Parental alienation takes different forms but with common characteristics. If you’re unsure if what you’re currently experiencing qualifies as parental alienation, look out for the following:

  • Naïve alienation: Your ex-spouse damages the child’s perception of you naively or through unconscious behaviors, such as rewarding the child for disrespecting or ignoring you and blocking or interfering with the visitation schedule.
  • Disparagement: The form is more active and entails intentionally making negative comments about you or arguing with you in front of the child to distort the child’s view of you.
  • Giving authority to the child: Your ex-spouse could intentionally give authority to your child to undermine you. For example, they could tell the child to control their schedule, bedtime, or other aspects of their lives while under your care.
  • Undermining parental authority: The alienating parent could undermine your authority by openly disagreeing with your parenting practices or suggesting to the child that they don’t need to listen to you.
  • Substitution: If your ex-spouse attempts to replace you in the child’s life by introducing a new partner as the child’s other parent, you could be a victim of parental alienation.
  • Misrepresentation or false claims: An alienating ex-spouse may falsely accuse you in court to control the outcome of the child custody proceedings. For example, they could claim you were abusive during the marriage to win sole custody of the child.

How Do Courts Distinguish Between Parental Alienation and Legitimate Estrangement?

Alabama’s family laws stipulate that parents should maintain frequent and ongoing contact with their children after divorce. Courts promote custody and visitation plans that uphold this continuing contact between the child and both parents while supporting both parents’ rights to be involved in the child’s upbringing.

In handling parental alienation cases, courts will evaluate various factors to determine whether it’s a case of parental alienation or legitimate estrangement on the part of the child. Birmingham child custody attorneys provide an overview of the differences between the two:

Parental Alienation

Signs of parental alienation that courts look for include, but are not limited to:

  • One parent manipulates the child’s emotions to turn them against the other parent
  • The child rejects the alienated parent without valid or logical reasons
  • The alienating parent exaggerates negative claims about the other parent
  • The child behaves or expresses hostility in a scripted manner or out-of-character
  • The child fears upsetting the alienating parent if they show affection or relate positively with the other parent.

Legitimate Estrangement

When a child is legitimately estranged, they may exhibit the following signs:

  • They have genuine reasons to distance themselves from the estranged parent, such as neglect, abuse, hostility, or other harmful behavior
  • The child’s rejection of the affected parent is due to the parent’s actions, not external manipulation
  • The child’s feelings match personal experiences.

Birmingham family law lawyers say that in cases of parental alienation, the court may order more parenting time with the alienated parent or modify the custody agreement. Where there is legitimate estrangement, the court may limit custody or parenting time if a parent poses a real danger to the child’s well-being.

What is the Impact of Parental Alienation on Divorce Proceedings and Custody?

The law upholds the child’s best interests when making custody determinations in Alabama. Judges take parental alienation seriously as it affects the child’s emotional health, denying them an opportunity to maintain a healthy and strong bond with the other parent.

With the help of skilled Birmingham child custody lawyers, you can prove parental alienation to protect your rights and those of your child. Possible outcomes include:

  • Changes in custody: The court could modify the existing custody order if your ex-spouse intentionally damages your bond with the child. If you share joint custody, you could be awarded sole custody, depending on the case specifics.
  • Court-ordered therapy: The judge could order reunification therapy, in which a professional therapist helps you rebuild your relationship with the child.
  • Supervised visitation: The court could limit the alienating parent’s rights or require supervised visitation to protect the child from further manipulation.
  • Legal consequences: The alienating parent could be held in contempt of court for disobeying custody orders. Continued violations may lead to fines and possible jail time.

A Skilled Family Law Attorney Helping You Handle Parental Alienation

If you’re a victim of parent alienation, don’t suffer alone in silence. The behavior can take a toll on you and severely affect the bond you share with your child. Skilled child custody attorneys in Birmingham can provide legal counsel and representation to help you resolve the issue through an objective approach.

The Rose Law Firm, LLC, hosts dedicated child custody attorneys who can help you resolve family law issues. We can present your case in court and work hard to uphold your parental rights and family interests. Call us at (205) 858-9224 to schedule a FREE consultation.