Parental Alienation

Divorce is an emotionally taxing process, especially when children are involved. When one parent uses their influence to damage a child’s relationship with the other parent, it creates a painful situation known as parental alienation. This behavior not only harms the targeted parent but can also create immense emotional distress for the child caught in the middle.

Navigating these complex family dynamics requires a delicate yet firm legal approach. Understanding your rights and the protections available under North Carolina law is the first step toward safeguarding your relationship with your child. At Waple & Houk, PLLC, our experienced family law attorneys help you protect your parental rights and your child’s well-being.

What is parental alienation in North Carolina?

Parental alienation refers to a pattern of behavior where one parent intentionally manipulates a child’s feelings to turn them against the other parent. This manipulation can cause the child to reject, fear, or show hostility toward the targeted parent, often without a valid reason.

North Carolina courts acknowledge that alienating behaviors can be detrimental to a child’s best interests. When making decisions about child custody and visitation, a judge will consider actions that harm the parent-child relationship. Evidence of such behavior can significantly influence the outcome of a custody case.

What are some examples of parental alienation?

Parental alienation often occurs in high-conflict divorces where one parent struggles to co-parent effectively. These behaviors can range from subtle comments to outright interference with custody arrangements. Common examples include:

• Telling the child that the divorce or the family’s financial struggles are the other parent’s fault.
• Making the child feel guilty or disloyal for wanting to spend time with the other parent.
• Having the child “spy” on the other parent or report back on their activities.
• Sharing inappropriate details about the divorce or legal proceedings with the child.
• Obstructing phone or video calls between the child and the other parent.
• Scheduling competing activities during the other parent’s scheduled visitation time.
• Blaming the other parent for financial issues related to child support in front of the child.

What should I do if I suspect alienation?

If you believe your ex-spouse is trying to turn your child against you, it is crucial to act thoughtfully and strategically. The essential first step involves consulting a family law attorney with experienced in parental alienation cases. An attorney can help you develop a plan to protect your parental rights.

It is also important to document everything. Keep a detailed record of any alienating behaviors, including dates, times, specific comments, and any missed visitations. This documentation can serve as valuable evidence if you need to take legal action. Avoid reacting emotionally or confronting your ex-spouse in a way that could escalate the conflict. Instead, focus on maintaining a positive and stable relationship with your child.

What are my legal options in North Carolina?

North Carolina law provides several remedies for parents who are victims of alienation. Your attorney can help you determine the best course of action for your specific situation. Legal options may include:

• Custody Modification: If the alienating behavior is severe, you can file a motion to modify the existing custody order. A judge may change the custody arrangement, such as transferring primary custody or ordering supervised visitation for the alienating parent, if it is in the child’s best interest.
• Contempt of Court: If the other parent is violating the terms of a custody order by interfering with your visitation time, you can file a motion for contempt. If found in contempt, the other parent may face fines, be required to provide you with makeup visitation time, or even face jail time.
• Court-Ordered Therapy: A court may order family counseling or reunification therapy to help repair the damaged parent-child relationship. Psychological evaluations of the parents and child may also be ordered to assess the situation.

Secure Your Parental Rights

Parental alienation can have devastating impacts on your family, but you do not have to face it alone. Taking decisive legal action is often the most effective way to protect your relationship with your child and ensure their emotional well-being.

The experienced family law attorneys at Waple & Houk, PLLC are here to provide the guidance and advocacy you need. We understand the delicate complexities of these cases. Our commitment is to guide you through the legal process, securing a brighter future for you and your child. Contact us today to schedule a consultation.