Most divorcing parents see value in both of them continuing to maintain healthy relationships with their children. Unfortunately, some parents going through a divorce, or already divorced, may harbor resentments that cause them to attempt to alienate their children’s natural affection for the other parent. The divorce lawyers at The Henry Law Firm, P.A. are all too familiar with these tactics and are well-versed in fighting against them.
Parental alienation is the effort of one parent — during divorce proceedings or after the divorce — to undermine a child’s relationship with the other parent by such means as:
The first step to counter parental alienation is to prove it is happening. Potential witnesses include:
Evidence can also include documents, such as email, text messages, social media posts and the child’s own writings. Statements hostile to a parent may be turned in that parent’s favor by proving their falsity. The attorneys at The Henry Law Firm, P.A. aggressively gather and present the evidence necessary to prove parental alienation.
Parental alienation can unfairly affect the ability of a good parent to maintain a bond with his or her child, but it can also backfire on the parent who is trying to alienate the child’s affections for the other parent. On the one hand, the court may sometimes consider a child’s preference when deciding child custody issues, so a child alienated from one parent will likely choose the other. But the court must also consider the parents’ interactions with each other and the willingness of each parent to respect the child’s relationship with the other parent. Proof of parental alienation may tilt the latter two factors in favor of the alienated parent, as well as invalidate the child’s preference.
The court can also appoint its own investigator to determine whether the charges of parental alienation are true. The court may rule against the alienating parent in the initial custody decision or after the divorce, on a motion to modify custody. The attorneys at The Henry Law Firm, P.A. work hard to convince the court that custody of the children should reside with the parent not engaged in alienating the natural affection of the children with the other parent, whether in a divorce or a post-divorce modification proceeding.
The attorneys at The Henry Law Firm, P.A., in Overland Park, Kansas can help you protect your relationship with your children from parental alienation. Call us at 913-381-5020 or contact us online to schedule a consultation.