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Poet Law | Jeremy J. Poet Law Firm, PLLC
Poet Law | Jeremy J. Poet Law Firm, PLLC

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Call for a free consultation with an attorney  903-357-5269

Tips for fighting back against parental alienation

On Behalf of | Sep 26, 2024 | Family Law

A contentious child custody dispute can fray your emotions and create uncertainty about the time you get to spend with your child. That’s why it’s imperative that you go into a contested custody case with well-developed legal arguments that are focused on your child’s best interests. That might sound easy to do, especially given the broad scope of the best-interests determination, but when parental alienation is in play, things can get trickier.

With parental alienation, your child is manipulated to believe false information about you that drives a wedge between you and your child. Given that your child has been molded to believe these falsehoods, it can be hard to counter them. This is problematic because the court may give your child’s statements, their wishes and the other parent’s concerns a lot of weight. Therefore, if you’re not proactive in battling back against these lies, then you could end up being subjected to a child custody arrangement that’s harmful to your kid.

Courts are learning

Fortunately, the courts are starting to get a better handle on parental alienation in child custody disputes. Therefore, the judge in your case will be much more receptive to evidence of parental alienation than they would’ve been years ago. As you head into your case, consider doing the following to put yourself in a position to counter the lies levied against you and combat parental alienation:

  • Document the alienation: The alienation to which you and your child are being subjected isn’t just a one-time event. Instead, the other parent will engage in an ongoing campaign of manipulation that will span a considerable amount of time. Therefore, it’s important that you detail signs of alienation, such as obstructing parenting time and false statements made by your child and the other parent. By being detailed here, you’ll capture the full extent of the alienation in detail, which can be compelling to the judge in your case.
  • Secure witness accounts: Family members, friends, and school personnel all may have noticed a marked change in your child’s behavior. If you can line these changes up with the alienating behavior that’s occurring, then you’ll strengthen your argument. So, see if there are any witnesses in your case who can corroborate what you’ve witnessed and the changes that your child has experienced.
  • Use a child custody evaluation: If you want the court to obtain a third-party perspective on your family’s dynamics, consider requesting a child custody evaluation. This evaluation can give the court a better understanding of any behavior that can be construed as parental alienation, thereby providing a foundation upon which you can build your legal arguments.
  • Make all requests in writing: In a lot of parental alienation cases, parents find themselves in a he-said, she-said situation without a lot of extrinsic evidence to prove their points. This can be frustrating for the judge, and it can make it hard for them to render an appropriate decision that’s in your child’s best interests. By making all requests to see and interact with your child in writing, you create a record of your efforts, which can support your testimony and give the court more to work with when making its decision.

Protect your child from the harmful effects of parental alienation

There’s a lot at stake in your child custody case. You can’t afford to present anything less than the best arguments possible. That’s why now is the time to start gathering evidence and preparing to effectively lay out your case in court. If that’s something you need assistance with, then please consider seeking out any help you may need.

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