One of the most heart wrenching parts of divorce is its effect on the parties’ children. Even the most amicable divorce will have a great impact on a child’s life; however, the more tension that grows between the parents, the more trauma the child will experience. Unfortunately, it is not uncommon for parents to (intentionally and unintentionally) involve children in adult issues including their divorce. One common result of a child’s over involvement in divorce litigation is parental alienation. If one parent is unable to protect the child from his or her own negative views the child may become alienated from the other parent.
Definitionally, parental alienation is a disturbance in the relationship between a parent and a child. The child may express feelings of distrust or even hatred for one parent while being inexplicably aligned with the other. A common indicator of parental alienation is the strong reluctance of the child to visit with the alienated parent. In family law cases, by court order or agreement of the parties, a parenting plan will be put in place. As part of the parenting plan, both physical and legal custody will be allocated between the parents. Legal custody is the right of a parent to make decisions regarding the health, safety, and welfare of the child. Physical custody is timeshare of the child between the parents. One parent may have primary physical custody of the child meaning that the child will live a majority of the time with that parent. If one parent has primary physical custody, the other parent will likely have visitation with the child.
With a court order for visitation, a parent is legally entitled to spend the specified times with his or her child. However, what is the parent supposed to do when the child absolutely refuses to go with him or her for visits? In parental alienation cases, when an exchange is scheduled to take place, a child may cry, kick, scream or even make a public scene in order to avoid visiting with the alienated parent. In these situations it becomes the responsibility of the non-alienated parent to encourage visitations. Refusing to follow the custody and visitation orders (despite the wishes of a child) can result in sanctions or even a loss of custody for the primary care parent. Although both parents may carry guilt regarding the divorce, it is important for them to foster a healthy relationship between the child and the other parent.
If you believe parental alienation may be occurring with your child, it is important to immediately consult with an experienced family law attorney. A family law attorney can seek court intervention in order to initiate an investigation into your case. Further, family courts can make appropriate orders to get your child the help he or she needs.
Please contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding child custody and visitation. Nancy J. Bickford is the only lawyer in San Diego County representing clients in divorces, who is a Certified Family Law Specialist (CFLS) and who is actively licensed as a Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call 858-793-8884 in Del Mar, Carmel Valley, North County or San Diego.