Child Protective Services

Aug
02

Parental Alienation Syndrome and the Impact on Children

Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the rejected parent. In most cases, the purpose of the alienation is to gain custody of the child and exclude involvement by the rejected parent. In other cases the alienator wants the rejected parent out of the way to start a new life, or the aligned parent wants more of the marital money and assets than he/she is entitled to and uses the child as a pawn. The aligned parent hates the rejected parent and the children become false weapons. These are just a few reasons Parental Alienation occurs in domestic disputes.

Parental Alienation Syndrome is common because it is an effective though devious device for gaining custody of a child. Through systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behavior then may gain the misplaced loyalty of the child.

In a recent survey, one in five parents stated that their primary objective during the divorce was to make the experience as unpleasant as possible for the former spouse; despite the effects such attitudes and behavior have on the children.

Parental Alienation Syndrome is a form of emotional child abuse. Parents in hostile separations may suffer depression, anger and anxiety or aggression. The expression of these feelings results in withdrawing of love and communication which may extend to the children through the alienating parent. When the mother is the alienator, it is a mechanism employed to stop the father from having contact with his children; and can be described as the mother holding the children “hostages.” The children usually are afraid of the mother, frequently identify with the aggressor, and obey her as a means of survival. The child may also be instilled with false memories of the father, coached and/or brainwashed.

Studies show that Parental Alienation is experienced equally by both sexes. Adolescents (ages 9-15) are usually more affect than younger children. Children most affected tend to be those subjected to parents’ highly conflicted divorces or custody battles. A study by Fidler and Bala (2010) show increasing incidences and increased judicial findings of parent alienation in the US. 11-15% of all divorces involving children include parental alienation issues.

If the parental alienation has been successful and has influenced the child against the target parent, the observer will see symptoms of parental alienation syndrome. Many children appear healthy until asked about the target parent.

Warning signs of a Parental Alienation Syndrome Child:

  1. The child is a “parrot” of the aligned parent with the same delusional, irrational beliefs and consistently sides with this parent. Denys suggestions that their hatred for rejected parent is based on views and behavior of aligned parent.
  2. Idealization of aligned parent and wants to constantly be in the aligned parent presence.
  3. The child develops serious hatred for the rejected parent and rejects a relationship with the rejected parent without any legitimate justification. The child sees nothing “good” about the rejected parent and only wants to destroy the relationship.
  4. The child refuses to visit or spend time with the rejected parent, frequently faking fear.
  5. The child’s reasons for not wanting a relationship with the rejected parent are primarily based on what the aligned parent tells the child. Accusation against rejected parent too adult-like for the child’s age.
  6. The child feels no guilt about his/her behavior toward the rejected parent and will not forgive past indiscretions.
  7. The child’s hatred extends to the rejected parent’s extended family, friends, partner, or Idealization of aligned parent aligned parent without any guilt or remorse.
  8. Ignores/rejects the rejected parent in the presence of the aligned parent.
    • Children who live in alienated family situations are usually unable to form healthy relationship with either parent. Some of the areas of concern for children impacted by parental alienation are:
    • Emotion Distress, Anxiety, Depression, and Self Hate
    • Poor reality testing and unreasonable cognitive operations
    • Low self-esteem or inflated self-esteem, Pseudo-maturity
    • Aggression and conduct disorder
    • Disregard for social norms and authority, adjustment difficulties
    • Lack of remorse or guilt

Parental Alienation Syndrome is recognized by the courts but is very difficult to define and in most cases requires bringing in County Social Services, Child Protective Services, and/or other professionals. Anyone claiming Parental Alienation Syndrome should look for family therapy as a constructive way forward. Other forms of abuse are physical, sexual, and neglect which are much easier to identify.

Children having some of these symptoms need help. Please contact an attorney and discuss your options on how to help this child. Formulate a plan to move forward. Do not give up your parental rights! Your child desperately needs and is entitled to your help!

By Nacol Law Firm | Parent Alienation
DETAIL
Jun
15

New Texas Family Laws – Effective September 1, 2015

Now that the Texas Legislature has ended, we will review some of the bills passed that will affect our Family Law Cases.

S.B. 814 Waivers of Citations in Certain Family Law Suits

Currently, the state of Texas allows for a parties involved in a divorce to waive service. Loosely translated, that means that the person named in the divorce suit can sign a paper which proactively tells the relevant court that they are officially aware their spouse is filing for divorce. This waiver means they don’t have to physically be served with the divorce papers by their spouse or a process server, potentially saving everyone involved a bit of time, money, and maybe some emotional pain

S.B. 814 was introduced to further the use of such waivers to apply to other common family law matters.

The waiver should also be used for:

  • Suits to remove disability of a minor (commonly referred to as emancipation)
  • Suits to change the name of an adult or child
  • Any suits relating to a parent-child relationship

The bill passed and will take effect on September 1, 2015.

S.B. 817: Issuance of a protective order and appointment of a managing conservator in certain family law proceedings.

S.B. 817 proposes that the state change the language on applications for protective orders (restraining orders, etc.) by switching the word “victim” with the phrase “applicant for a protective order.” Specifically, this change is meant to help those people who are applying for the protective order on behalf of the actual victim of the abuse or violence.

Some judges are currently reluctant to sign orders which list the applicant as a “victim” because doing so indirectly endorses the allegations of abuse as being true without a trial. With the label change, it removes that concern and will enable judges to issue more orders to protect those in need.

The bill passed virtually unopposed, and will take effect on September 1, 2015.

S.B. 314: Appointment of a non-parent as managing conservator of a child.                                     

This law addresses a growing number of complaints by relatives who assume custody of children removed from their parents’ homes by CPS (Child Protective Services).  This type of custody is called “permanent managing conservatorship,” or PMC. It is not adoption and does not carry the same legal meaning, but many relatives claim that these differences are not clarified by CPS.

As a result, the bill requires a court awarding custody to specifically explain 3 common misunderstandings to the relatives or non-parents assuming PMC.

  • PMC rights are specified by the court, and are not the same as rights associated with adoption
  • The parent(s) can still request visitation, and can request to become the managing conservator
  • PMC does not qualify nor disqualify the relative or non-parent for/from post-adoption benefits

The bill states that if the non-parent assuming PMC does not appear in court, the court must then have evidence that they were advised of this information.

The bill passed without opposition, and will take effect on September 1, 2015.

 

DETAIL

Warning Signs of a Parental Alienation Syndrome Child

Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the target parent. In most cases, the purpose of the alienation is to gain custody of the child and exclude involvement by the target parent. In other cases the alienator wants the target parent out of the way to start a new life, or the alienating parent wants more of the marital money and assets than he/she is entitled to and uses the child as a pawn. The alienating parent hates the target parent and the children become false weapons. These are just a few reasons Parental Alienation occurs in domestic disputes.

Parental Alienation Syndrome is common because it is an effective device for gaining custody of a child. Through systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behavior then may gain the misplaced loyalty of the child.

In a recent survey, one in five parents stated that their primary objective during the divorce was to make the experience as unpleasant as possible for the former spouse; despite the effects such attitudes and behavior have on the children.

Parental Alienation Syndrome is a form of emotional child abuse. Parents in hostile separations may suffer depression, anger and anxiety or aggression. The expression of these feelings results in withdrawing of love and communication which may extend to the children through the alienating parent. When the mother is the alienator, it is a mechanism employed to stop the father from having contact with his children; and can be described as the mother holding the children “hostages.” The children usually are afraid of the mother and obey her as a means of survival. The child may also be instilled with false memories of the father, coached and/or brainwashed. Parental Alienation Syndrome is recognized by the courts but is very difficult to define and in most cases requires bringing in County Social Services, Child Protective Services, and/or other professionals. Anyone claiming Parental Alienation Syndrome should look for family therapy as a constructive way forward. Other forms of abuse are physical, sexual, and neglect which are much easier to identify.

If the parental alienation has been successful and has influenced the child against the target parent, the observer will see symptoms of parental alienation syndrome. Many children appear healthy until asked about the target parent.

Warning signs of a Parental Alienation Syndrome Child:

  1. The child is a “parrot” of the alienating parent with the same delusional and irrational beliefs and consistently sides with this parent.
  2. The child develops serious hatred for the target parent and rejects a relationship with the target parent without any legitimate justification. The child sees nothing “good” about this parent and only wants to destroy the relationship.
  3. The child refuses to visit or spend time with the target parent.
  4. The child’s reasons for not wanting a relationship with the target parent are primarily based on what the alienating parent tells the child.
  5. The child feels no guilt about his/her behavior toward the target parent and will not forgive past indiscretions.
  6. The child’s hatred extends to the target parent’s extended family without any guilt or remorse.

Children having some of these symptoms may be experiencing Parental Alienation by one of his/her parents. Please contact an attorney and discuss your options on how to help this child. Formulate a plan to move forward. Do not give up your parental rights! Your child desperately needs and is entitled to your help!

By Nacol Law Firm | Parent Alienation
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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