Is Your Ex Trying to Turn Your Children Against You?

Co-parenting is never easy, but sometimes one parent tries to turn the children against the other. In Florida, parental alienation can result in a judge awarding the other parent custody. At Hamilton O’Neill, we have met with frustrated men and women who are trying to move on after a divorce, but their ex continues to badmouth them to everyone, including the children. You do not have to sit silently by as your ex tries to ruin your relationship with your children. Contact our office to talk with a child custody lawyer about your legal options.

What is Parental Alienation?

Parental alienation is a situation where a child becomes estranged from a parent, usually at the instigation of the other parent. For example, a couple might share custody of a teen. After divorce, the mom tries to turn her son against his father by trashing his reputation. If successful, the child often refuses to visit the other parent.

Some common conduct leading to alienation includes:

• Insulting the other parent to the children;
• Blocking communication between parent and child;
• Lying about the other parent;
• Encouraging a child to cut off all communication with the other parent; or
• Violating a timesharing schedule.

Any manipulation can result in parental alienation. Often, the manipulation is based on lies, rumors, and innuendo.

What is the Legal Effect of Parental Alienation?

Under Florida Statute § 61.13, courts will consider each parent’s willingness to encourage a close relationship between their children and the other parent when determining custody. If your ex is trying to alienate the children from you, then we can bring this to the judge’s attention. You might end up receiving custody as a result of the other parent’s misconduct.

Alienation can also form the basis of a request for modification of child custody. Generally, Florida requires a substantial change in circumstances before revisiting an existing order, and pronounced frustration with the timesharing plan could qualify. For example, your ex might deny visitation for no valid reason or lie and claim the children are sick to prevent the other parent’s timesharing.

Call our experienced lawyers to discuss whether you suspect your ex is acting in an underhanded manner. We can seek other remedies, including a finding of contempt or make-up visitation if your ex has turned the children against you.

Some parents are paralyzed and do not know what to do. They do not want their child to be forced to testify against the other parent in court. However, you need to proactively defend your relationship with your children, which might require involving the court system. Give our office a call. We can discuss what evidence to use when establishing parental alienation.

Speak with an Experienced Child Custody Lawyer Today

The Miami child custody lawyers at Hamilton O’Neill bring an up-to-date knowledge of the law to every case we accept. We know the parent-child relationship is central to our clients’ lives, and we use our legal skills to preserve that relationship. Contact our law firm to schedule a private consultation with an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html