How Do You Prove Parental Alienation?

The Custody Lawyer

Continuing in the series on parental alienation, today we're talking about, how do you prove parental alienation. The first thing that you'll see in parental alienation is there's an effort by the favored parent to limit contact between the unfavored parent, or the parent who's being alienated. That can be phone calls that are never returned, text messages that aren't answered, or the response is obviously not something that a child would respond with. Any effort to limit contact is one of the very first signs. The child's never available. There can be a court order that says that contact has to be at a certain time, and that's not happening, so that's one of the first things that you're going to see.

Another thing that you see in alienation cases is the parent who is favored will refuse to force the children to go and visit the non-favored parent. What does that look like? In that situation, what we'll see is a parent who says something like, "I can't make my child get in the car, or I can't make my child visit, or the child doesn't want to see you, and I, I can't physically pick the child up and put them in the car." Anything where you can see a situation where if the child for example, were sick, and needed to go to the doctor, would that parent be able to make the child go to see the doctor? If the child said, "I don't want to go to school today," doesn't that parent have the ability to make the child go to school that day? Looking for those kind of scenarios where the parent is just not encouraging, and supporting a positive relationship between the parent and the child. Another thing that we sometimes see is enmeshment between the favored parent and the child, so the relationship is beyond close.

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About The Custody Lawyer Podcast

Tune into “The Custody Lawyer Podcast” with your host, nationally acclaimed, divorce and custody attorney, Janet McCullar. You will undoubtedly glean from Janet’s 26 years of experience as “The Custody Lawyer” with every show revealing hard facts on; Visitation, Alienation, Child Support and how to best help your kids as they transition into a new normal. Listen and find out how “we have a passion for families in crisis” has become our moniker, you’ll want to share, “The Custody Lawyer Podcast” with anyone you know going through this difficult journey.

About Janet McCullar

Janet is a nationally respected trial attorney known for her skill and success in the courtroom. Janet has represented clients in hundreds of complex divorce and custody cases. Despite her skill as a litigator, Janet’s cases are routinely resolved amicably whenever possible to save the client the time, cost and pain involved in litigation. If litigation cannot be avoided, you need the services of a respected and skilled litigator.

Janet is Board Certified in Family Law by the Texas Board of Legal Specialization. She was also selected to be a Fellow in the prestigious American Academy of Matrimonial Lawyers, an organization of the nation’s top divorce attorneys.

Janet is a frequent author and speaker on divorce and custody issues.

Away from the office, Janet is a mother of three children. Janet has a passion for physical fitness, reading, the arts, traveling, and community service. In recent years, Janet has enjoyed learning to sail.