Parental Alienation — Part 2

Second in the series. See Part 1 here.

By some estimates, up to 19% of the U.S. population has been exposed to parental alienating behaviors, where one parent employs tactics to sabotage the targeted parent's relationship with the child.¹ The term "parental alienation" is controversial, and Parental Alienation Syndrome (a term coined in the 1980s to describe a set of symptoms displayed by children) is not recognized as a mental health disorder by American Psychiatric Association.²

Regardless of labels, allegations of alienating behaviors are common in family court. Sometimes, courts make modification of custody decisions based in part on alienating behaviors by a parent. For example, in a 2018 Houston case, the court switched the child's primary residence from the mother's home to the father's home when the mother did things like making unsubstantiated claims of abuse and disparaging the father to the child.³

Addressing Parental Alienation – Both In and Out of Court

Part 1 of this article discussed parental alienation, tactics alienating parents may use, and signs of potential alienation. This article discusses how allegations of parental alienation can be addressed – both in and out of court.

Often, when a parent engages in alienating behaviors, litigation becomes necessary. However, outside of litigation, there are some steps parents should consider taking:

1. Document, document, document. It can be difficult to prove one parent is engaging in alienating behaviors, so detailed records are crucial. Parents should document every time the alienating parent does things like withholding parenting time. It is also important to keep records of the child's behavior – for example, resisting visits or acting out in an extreme manner. Targeted parents should also consider communicating with the other parent only in writing and keeping records of their communications with third parties like the child's teachers, therapists, and physicians.
2. Engage with the child's therapist. Children who are exposed to alienating behaviors are at risk for depression and anxiety, and they often suffer from significant confusion. An alienated parent should make every effort to get the child into therapy with a mental health professional who has experience working with children in high-conflict custody cases. He or she should also engage in the process by taking the child to appointments, attending parent sessions, and staying in contact with the therapist.
3. Get support. Dealing with a high-conflict, alienating coparent is stressful and upsetting, so it is important for targeted parents to get support from family, friends, and mental health professionals. A therapist can provide support and help the targeted parent develop strategies to maintain and/or rebuild their relationship with the child.
4. Focus on the child. Children who are being manipulated by an alienating parent often reject the targeted parent, which can be devastating. Regardless, it is important for targeted parents to focus on positive parent-child interactions, refrain from negative talk about the alienating parent, and reassure the child of their unconditional love and support.

Litigation and Parental Alienation – Useful Tools

Unfortunately, in cases where parental alienation is present, litigation is frequently necessary. An experienced family law attorney can help guide parents through the process. Some tools that can be effective in litigating parental alienation cases include:

1. Child custody evaluations. A child custody evaluation is a court-ordered process designed to assist the judge in determining what custody and visitation orders are in the child's best interest. A child custody evaluator, who must have specific professional qualifications, interviews the parents and child , observes the child with each parent, reviews information from third parties, and assesses the relationship between the child and each parent. The evaluator then prepares a report with recommendations concerning the child's best interest. A child custody evaluator's recommendations are not binding on Texas courts, but they are very persuasive.
2. Parent facilitators and parent coordinators. Parent facilitators (or "PFs") and parent coordinators ("PCs") are also court-appointed professionals, but unlike child custody evaluators, they do not make recommendations about the child's living situation. Instead, a PF or PC is tasked with helping parents reduce the conflict to which the child is exposed. A PF must make reports to the court and can be called to testify, whereas a PC's work with parents is confidential.
3. Witnesses. Parental alienation often amounts to a "he said/she said" dispute, so testimony from third parties, such as therapists, teachers, doctors, family members, and friends, can be helpful in litigation. It is valuable when third parties can refute accusations by the alienating parent against the targeted parent. Similarly, testimony from third parties who have personally observed alienating behavior is invaluable, especially when the third parties are neutral professionals (e.g., a therapist or teacher versus a parent's family member or friend).
4. Documents. Correspondence between parents is often used to help demonstrate parental alienation. If the alienating parent has made public comments disparaging the targeted parent – such as statements on Instagram or Facebook – these statements can be helpful, especially if the child had access to such comments. A family law attorney will also often review other documents, such as evaluations, photos, medical records, and videos, to determine if they provide useful evidence of parental alienation.

Footnotes

1. Verhaar, Suzanne, Matthewson, Mandy, Bentley, Caitlin, The Impact of Parental Alienating Behaviors on the Mental Health of Adults Alienated in Childhood, Children (2022), available at https://pmc.ncbi.nlm.nih.gov/articles/PMC9026878/#abstract1.
2. Hess, Sarah, What is Parental Alienation Syndrome?, available at https://archive.legmt.gov/content/Committees/Interim/2023-2024/Law-and-Justice/Meetings/July-2024/4.What-is-Parental-Alienation-staff-paper.pdf.
3. Townsend v. Vasquez, 569 S.W.3d 796, 809 (Tex. App.—Houston [1st Dist.] 2018, pet. denied).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.