parental alienation

Feb
10

Texas Family Court Actions and Parental Alienation

Most children of divorce want to be loved and maintain strong and healthy relationships with both of their parents. These children also want to be kept out of the conflict between their parents. But there are some parents who through their feelings of hatred, rejection or want of control over the rejected parent, brainwash the alienated child to have very adverse feelings for the rejected parent and choose sides to bolster their parental identity. This is called Parental Alienation.

Parental Alienation usually happens equally between children of both sex and many times occur in highly conflicted and long lasting divorces and custody battles. A Study by Fidler and Bala (2010) states that about 11-15% of all divorces involving children involve parental alienation issues.

Parental Alienation involves destructive actions by an aligned parent to discredit and sabotage the rejected parent in the eyes of the alienated child. This is usually a sign of a parent’s inability to separate the couple’s conflict with the needs of the alienated child’s well-being. This adverse action will eventually cause increased hostility and decreased contact with the alienated child and the rejected parent. The aligned parent programs the child to believe that the rejected parent is mean, unloving, worthless and selfish, and makes the alienated child believe that he/she will be happier if the rejected parent is erased from his/her life. In very extreme cases, through manipulation by the aligned parent, the alienated child will start to hate the rejected parent which can lead to many behavioral, emotional and mental problems of separation.

What are some symptoms of Parental Alienation by the Aligned Parent?

  1. Interference with the target parent visits. Giving children unhealthy choices when there is no choice about the visit. Not allowing any target parent visits.
  2. Depriving the target parent from information regarding educational, medical and social activities of the child and excluding or not informing the target parent of all of the school, medical, social activities of the child.
  3. Sharing with the child “everything” about the marital relationship with false information to be “honest” with the child. Blaming the target parent of breaking up the family, financial problems, or not loving the child enough to stay, the alienating parent tries to turn the child and his/her anger against the target parent.
  4. Interference with or not supporting contact between the child and the target parent. Listening into telephone conversation or reading all emails, texting, or correspondence between the child and target parent.
  5. Making major unilateral decisions regarding the child without consulting the target parent.
  6. Refusing to let the child take his/her possessions to the target parent’s residence.
  7. Telling the child, in a time of juvenile crisis, that the target parent has been abusive and the target parent may hurt the child.
  8. By defying the target parent’s authority and supervision, the alienating parent is asking the child to impossibly choose one parent over the other. This causes considerable stress and potential long term emotion scarring for the child and much unnecessary pain, difficulty, and anxiety when trying to love both parents.

The alienating parent will try to program the child to dislike, hate, or fear the rejected parent. By causing the child to disown or distance themselves away from the rejected parent, the aligned parent may, in the end, cause a very distrustful and emotionally scarred child. The goal may be achieved, but not with the desired results of the alienating parent. Many times, the child, without hope, will turn on both parents and never be able to have trusting, loving relationships in his/her life.

Since the American Psychiatric Association does not formally recognize Parental Alienation Syndrome/Disorder, The State of Texas does not provide legal standards to evaluate a parental alienation presence in a child. Texas courts have started to act when there is suspected parental alienation. Some of the aids are courts appointing guardians ad litem, parenting facilitators and forensic psychologists used to study the child’s living situations and mental health of both parents and the child. Reports from these specialists have been used in making some very important rulings for the benefit of the child and the families in suspected Parental Alienation cases.

If you and your child are victims of Parental Alienation Syndrome, please contact a Dallas family law attorney who is experienced in these types of cases in Texas family courts.

By Nacol Law Firm | Parent Alienation
DETAIL
Jan
10

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!

By Nacol Law Firm | Parent Alienation
DETAIL
Jul
05

Out of State Child Relocation and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

In today’s hectic pace, moving to another state for business, family demands, or pleasure is a very common occurrence. But what about the family that is separated by divorce or separation and share custody of their children?  What happens to this family situation when Mom or Dad decides to take another job or wants to move to another state and take the children to or from the other? A Child Custody Relocation Case?

Sadly this happens frequently. Most Texas attorneys employ a geographic restriction in divorce decrees for couples who have children.  These restrictions dictate that the Child and Custodial Parent must live within a school district, County of Domicile, or consecutive contingent counties near the non-custodial parent. But what happens if this restriction clause is not contained in the divorce decree or if Dad/Mom were never married?

Forty Nine States, including Texas have adopted the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA is a very helpful law since all states but one participate in the determination  of the ”HOME STATE” and which jurisdiction will  handle the family case. UCCJEA also helps to protect non-custodial Parents fighting for child custody out of state when their children have been moved to another state or over 100 miles away from them.

How does The State of Texas treat an initial Child Custody determination?

Texas Family Code 152.201 of the UCCJEA states, among other things, that a court may consider custody issues if the Child:

*Has continually lived in the state for 6 months or longer and Texas was the home state of the child within six months before the commencement of the legal proceeding.

*Was living in the state before being wrongfully abducted elsewhere by a parent seeking custody in another state. One parent continues to live in Texas.

*Has an established over significant time relationships with people (family, relatives or teachers), ties, and attachments in the state

*Has been abandoned in an emergency: or is safe in the current state, but could be in danger of neglect or abuse in the home state

Relocation is a child custody situation which will turn on the individual facts of the specific case, so that each case is tried on its own merits.

Most child custody relocation cases tried in Texas follow a predictable course:

  1. Allowing or not allowing the move.
  2. Order of psychological evaluations or social studies of family members
  3. Modification of custody and adjusting of child’s time spent with parents
  4. Adjusting child support
  5. Order of mediation to settle dispute
  6. Allocating transportation costs
  7. Order opposing parties to provide all information on child’s addresses and telephone number.

There is another important cause of action in Texas where the court will “take “EMERGENCY JURISDICTION’ over a case even though another state has the original jurisdiction. If the opposing party can prove that a legitimate emergency exists and Texas needs to assume the jurisdiction. These emergency situations could be abuse of the child, abandonment or cause neglect of the child, or any action that would put the child in immediate harm’s way.

The Nacol Law Firm P.C. @ www.nacollawfirm.com  is committed to helping parents have the right to have frequent and continuing contact with their child at all times and encourage parents to co-share in the rights and duties of raising a stable, loving child. Many times, because of parental alienation or other personal factors, a child will be taken away from the non-custodial parent and this can cause some serious mental and behavior problems for the child which could follow her/him into a lifetime adult situation.  

Sometimes you can settle, SOMETIMES YOU FIGHT FOR YOUR RIGHT!  We can help!

By Nacol Law Firm | Child Custody . Interstate Jurisdiction
DETAIL
Nov
14

Parental Alienation Syndrome: Warring Parents + Child = Combustible Family Situation

It has now been more than 20 years since child psychiatrist, Richard A. Gardner, introduced the term of Parental Alienation Syndrome (PAS).  Dr. Gardner defined PAS as a disorder that arises in divorce or child custody disputes, when one parent deliberately damages, or destroys the previously healthy and loving relationship between the child and the child’s other parent. The main manifestation is the child’s own sudden or atypical campaign of denigration against the targeted parent without any justification.

Parental Alienation Syndrome is an evil, yet common and effective device for gaining custody of a child. Through systematic alienation, the alienating parent may slowly brainwash a child against the targeted parent. The alienating parent involved in these abusive behaviors usually gains misplaced and deleterious loyalty of the child.

The main problem with PAS is that the child actually participates in the denigrating of the alienated parent.

The main areas of denigration from the child are:

  • The child supports and tries to protect the alienating parent.
  • The child express the ideas of denigration of the target parent as his/her own idea.
  • The child gives weak and absurd reasons for his/her anger towards the alienated parent.
  • The child uses situations and scenarios that he/she could not have experienced
  • The child uses foul and often atypical language and server behavior to denigrate the targeted parent.
  • The child has no guilt over his/her cruelty towards the alienated parent and expresses hate for the parent.

Children who live in alienated family situations are usually unable to form healthy relationships with either parent.

Main areas of concern for these children impacted by Parental alienation are:

  1. Aggression and conduct disorder
  2. Disregard for social norms and authority, adjustment difficulties
  3. Emotional Distress, Anxiety, Depression, and Self Hate
  4. Lack of remorse or guilt
  5. Poor reality testing and unreasonable cognitive operations
  6. Low self- esteem or inflated self-esteem, Pseudo- maturity

Children displaying some or all of these symptoms need professional and legal help.  Parental Alienation Syndrome is sometimes recognized by the courts but is very difficult to define and most cases requires bringing in County Social Services, Child Protective Services, and /or other family therapy professionals.

Your child desperately needs your help, no matter how bad the situation is. IT IS NOT THE TIME TO GIVE UP YOUR PARENTAL RIGHTS! Contact an attorney and discuss your options on how to help your child and moving forward to solve this legal situation.

 

By Nacol Law Firm | Parent Alienation
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Fathers Have Rights – Enforce Them!

Attorney Julian Nacol, Nacol Law Firm P.C.
www.FathersRightsDallas.com

Are you a Texas father that is having issues involving child custody, visitation rights, parental alienation, false allegations of abuse or false paternity claims?

It is important for you to know your legal rights as a father! And it is imperative that you enforce your rights for your children!

Call our Dallas fathers rights attorneys, Mark Nacol and Julian Nacol, for a consultation today!



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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