What is Parental Alienation and How Can It Impact My Child Custody Case?

Parental alienation occurs when one parent attempts to turn the child against the other parent without good reason. It’s important to understand that parental alienation is an intentional act aimed at undermining or damaging the child’s relationship with the parent. Florida is very egalitarian when it comes to child custody matters. Not only does the law presume that it’s in the best interests of the child to have both parents in the child’s life, but it also presumes that an equal time-sharing schedule is in the best interests of the child. With that in mind, it’s important to understand that the courts will take parental alienation seriously. The courts favor parents who act in the best interests of the child, not those who use the children to settle petty conflicts. In this article, the Tampa, FL child custody lawyers at Westchase Law, P.A. will discuss parental alienation and how it factors into custody decisions made by the court.

Legal consequences of parental alienation in Florida 

The Florida courts take parental alienation very seriously although there is no specific statute addressing it. The courts will consider various factors when awarding custody of the child to one or the other parent. One of those factors is whether or not the parent will facilitate a relationship between the other parent and the child. In other words, the courts want to see a parent who is willing to work with the other parent and support the other parent as opposed to one who is attempting to destroy the bond between the parent and the child. If the courts see evidence that one parent is attempting to undermine the relationship between the other parent and their child, it could have legal consequences. These include:

• Changing custody – If the court finds evidence that one parent is attempting to alienate the children from the other parent, the court can consider modifying the custody agreement to protect the best interests of the children. Again, the Florida courts favor parents who are willing to work with the other parent and facilitate a relationship with their children.

• Supervised visitation – The Florida courts can order supervised visitation for any parent who intentionally undermines the relationship between their child and the other parent. This is to ensure that parental alienation does not continue.

• Contempt of court – The court can order the parents not to engage in alienating behavior. If the parent violates this order, they can be held in contempt of court.

• Paying the other party’s legal fees – The court can also “tax” the parent for engaging in conduct that is detrimental to the children. They may require that parent to cover the legal costs of the other party especially if that party has been subjected to false accusations that led to hearings concerning parental alienation.

Talk to a Tampa, FL Divorce Lawyer Today 

Concerned about parental alienation? Discuss the matter with a seasoned Tampa child custody attorney. Call Westchase Law, P.A. today to schedule an appointment, and learn more about how we can help.