EXPERIENCE MATTERS WHEN IT COMES TO TACKLING TOUGH CASES!

Parental Alienation And False & Malicious Domestic Violence Allegations

Parental Alienation Syndrome (PAS) is a generally recognized platform that may result in child abuse. This occurs when a custodial parent of a child from a separated family uses deception to deliberately alienate children from their non custodial parent.

Misplaced Domestic Violence Restraining and Protective Orders are an excellent tool to advance the Alienating Parent’s malice! Misguided Protective Orders of a Court based on such false representations may remove the Accused Abuser Parent from the home, bar the Accused Abuser from seeing his/her children and give the Alienating Parent total physical custody of the children. The Accused Abuser Parent is now effectively “Guilty Until Proven Innocent”.

Once the Alienator obtains a Restraining Order through false domestic violence allegations, the Accused Abuser Parent may find it difficult to defend himself or herself against the false allegations.  This sends the implied message to the children that “Daddy/Mommy” is bad or dangerous, stamped by the court.

The Accused Abuser Parent may only see his/her children in a cold and uninviting supervised visitation setting. Supervised Visitation Centers are facilities where a child is taken to meet with the Accused Abuser Parent in a third party monitored location.  A third party observes the Accused Abuser Parent during their visit with their children so that the child is “protected” at all times.

Often the supervised visit is demeaning for the visiting parent in the eyes of his/her child.  The impression to the child that “Daddy or Mommy” is dangerous comes across loud and clear since most children only see lock up situations on TV and these people are seriously viewed as being bad.

Many Alienating Parents use this scary situation to encourage their child not to see the Accused Abuser Parent at all. The more time a child is out of contact with the Alienated Parent the deeper the scaring and recovery period for that child.

Dr. Richard A. Gardner coined the term “Parental Alienation Syndrome” (PAS) in 1985. Dr. Gardner found that a child subjected to continual negativity and manipulation by the Custodial Parent over an extended period of time against the other parent would eventually adapt the distorted view presented. At the end of the day, what the Alienating Parent fails to understand is that his/her selfishness makes his/her child the “victim” who pays a hefty price in lost self esteem.

Unfortunately, False Domestic Violence Allegations have become more common in Divorce / Child Custody Proceedings. Most Judges usually enter a restraining or protective order for the safety of the child and in too many cases an Accused Abuser Parent is guilty until proven innocent!

Modification of Child Custody or Visitation Rights for Texas Fathers

Texas family law states that a court may modify a child custody order if the change is in the best interest of the child and one of the following applies:

1. The circumstances of the child or parent have materially or substantially changed since the date of the original child custody order or order to be modified.
2. The child is at least 12 years of age and will tell the court in private chambers with the judge that he/she would like a change.
3. The custodial parent has voluntarily given the child’s care and custody to another person for at least 6 months.

Material or Substantial Change
What could be acceptable as a change for the Texas family courts? Some examples could be a parent’s remarriage, a medical condition the affects a parent’s ability take care of the child, a parent’s criminal acts or convictions, a parent’s change in residence that makes visitation a hardship for the other parent, family violence, drug or alcohol related issues, absence of supervision, and other material changes concerning adequate care and supervision of the child.

Child Wants Change
The child must be at least 12years of age and maybe interviewed in the judge’s chambers. The court will consider the child’s desire but only make a change if it is in the child’s best interest.

Custody Relinquishment
This happens when the custodial parent has voluntarily given up custody of the child to another person for at least six months. This does not apply to a period of military deployment or duty.

After finding one of the three prerequisites, the court must still consider whether the change will be in the child’s best interest. The court will consider factors affecting the child’s physical, emotional, mental, education, social, moral or disciplinary welfare and development. The factors considered for this evaluation are:

1. Child’s emotional and physical needs.
2. Parenting ability of the conservators or potential conservators
3. Plans and outside resources available to persons seeking the modification
4. Value to the child of having a relationship with both parents
5. Visitation schedule that requires excessive traveling or prevents the child from engaging in school or social activities
6. Stability of the person’s home seeking the modification
7. The child’s desires
8. Child’s need for stability and need to limit additional litigation in child custody cases.

Modification within one year of prior court order
A parent who files a motion to modify a child custody order within one year after a prior order was entered must also submit an affidavit to the court. The affidavit must contain, along with supporting facts, at least one of the following allegations:

1. The child’s present environment may be endanger the child’s physical health or significantly impair the child’s emotional development.
2. The person who has the exclusive right to designate the child’s primacy residence is the person seeking or consenting to the modification and the modification is in the child’s best interest.
3. The person who has the exclusive right to designate the child’s primary residence has voluntarily relinquished the primacy care and possession of the child for at least six months and the modification is in the child’

Parentification and Signs of Alienation

Parentification is a form of Parental Alienation. It is a dynamic in which the roles of parent and child become reversed, to a degree, resulting in the child taking on responsibilities and roles that are typically associated with parental figures. This can occur in both emotional and instrumental (practical) forms. Emotional parentification involves the child taking on the emotional support role of the parent, whereas instrumental parentification involves the child taking on practical duties such as caring for siblings, performing household chores, or managing finances. This coincides with parental alienation and are likely symptoms of other mental issues of the offending parent

Relationship Dynamics in Parentification

In a relationship affected by parentification, the boundary between the roles of parent and child is blurred or inverted. Children may feel a sense of pride and maturity in being trusted with adult responsibilities or being their parent’s confidante. However, this dynamic can severely disrupt the child’s development and affect their emotional well-being. The parent, on the other hand, might rely on the child for support they cannot find elsewhere, often due to their own unresolved issues, stress, illness, or substance abuse problems. This Dysfunctional reversal relation coincides with heaving family law litigation. The parent takes this tactic to vilify the other parent and place the children in the middle to defend the parenting parent. The following issues arise in the family Courts due to the alienating behavior: 

Issues Arising from Parentification

  1. Loss of Childhood: Children who are parentified often miss out on essential aspects of their childhood. They may have limited opportunities to play, explore, and engage in age-appropriate activities with peers, leading to a sense of lost childhood. Unfortunately, the parentification can begin at a younger age but typically will begin around the ages of nine to eighteen when the child can begin taking responsibilities. Many children will lose out on their high school or developmental years due to having the burden of caring for their parent or allegedly protecting their parent due to litigation.
  2. Emotional and Psychological Impact: The burden of adult responsibilities can lead to anxiety, depression, and other mental health issues in children. They might struggle with self-esteem issues, feeling valued only for what they can provide rather than who they are. These impact are seen in future relationships with the children which continue the pattern of divorce and even through subsequent counseling, the children’s emotional state will never fully heal.
  3. Difficulty with Boundaries: Children who grow up in parentified roles may have trouble setting and respecting boundaries in their future relationships. They might become overly responsible caretakers or, conversely, may struggle to take responsibility for their actions.
  4. Relationship Challenges: The reversal of roles can complicate the parent-child relationship, sometimes breeding resentment or anger in the child. It can also affect the child’s future relationships, as they may either avoid caregiving roles or enter into relationships where they are again in a caregiving position, continuing the cycle.
  5. Educational and Social Impact: The demands of parentification can distract from schooling and extracurricular activities, affecting academic performance and social development. It might also lead to social isolation, as peers may not understand the child’s responsibilities or the child may feel different from their peers.
  6. Impaired Emotional Development: Children in parentified roles may become adept at caring for others but remain underdeveloped in caring for themselves. They might struggle with identifying and expressing their own needs and emotions.

Addressing the Issues

Breaking the cycle of parentification involves acknowledging the problem, setting appropriate boundaries, and seeking professional help. Therapy can be particularly beneficial for both the parent and the child, helping to address the underlying issues that led to parentification and working to establish a healthier dynamic. Support groups and educational programs can also provide resources and coping strategies.

In severe litigation this can prove expensive, but if the Judge is not shown these alienation tactics the emotional and psychological damage to the children will endure for the rest of their lives regardless of the counseling. 

A parent that commits parentification or any other form of alienation usually has narcissistic personality attributes and cares not for the child’s best interest but only painting the other parent in a horrendous light. These issues need to be brought before the Judge at temporary orders to set a parent up to prove these tactics during final Trial.

Julian Nacol
Dallas Fathers Rights Attorney
Dallas TX
(972) 690-3333