On behalf of the Law Office of Greg Whitten on Thursday, January 16, 2025.
In many of our cases we see children “weaponized” against the other parent by the use of psychologically abusive and/or controlling conduct and communications. The common term for this is “Parental Alienation.” However, this term is incredibly overused in family courts.
If this describes your situation, I encourage you to not use this term. It is not a diagnosis but a description and/or conclusion of abusive and controlling conduct, behavior, and communications to turn children away from the other parent. It is a form of psychological abuse.
A judge does not make a finding of “parental alienation.” Instead, in determining what is in the “best interest of the child,” the judge can make a finding of abuse or neglect in order to award one parent “Sole Managing Conservatorship” and/or to put limitations on a parent’s rights of possession and access.
The key to convincing a judge that this abuse or neglect has occurred is first to not say “parental alienation.” Instead, focus your efforts on gathering and presenting the evidence of the abusive and controlling behavior, manufactured events, improper communications, etc. to show that it arises to abuse or neglect.
