Supervised Visitation Orders – How Texas Fathers can Return to a Standard Possession Order
I Have Been Ordered, Right or Wrong, Supervised Visitation with My Child –
How Do I Return to a Standard Possession Order?
In a perfect world, parents going through the divorce process work together for the best interest of their child(ren) and are granted possession of the child(ren) approximately fifty (+ or -) percent of the time. However, issues such as severe parental alienation, drug addiction, mental or physical abuse, neglect, and severe mental illness may force a parent to petition the courts to order limited or supervised visitation. On some occasions, a parent is regrettably ordered into supervised visitation due to false, inaccurate or misleading information. Regardless of the circumstances, court ordered supervised visitation is costly, may substantially limit the amount of time a parent is allowed to spend with their child, and can create a difficult and costly transition into a standard possession order.
If the court has ordered supervised visitation seek proper counsel from a qualified attorney as soon as possible. If a case, rightly or wrongly, has been established for supervised visitation by the evidence or circumstances or court order, you will need to build a case for reinstatement of standard or standard expanded possession as soon as possible.
During a supervised visit it is imperative that you keep any comments on the case to yourself. Avoid giving any opinions on the existing judgment or the supervised visitation order. Within reason, limit your conversation to what is strictly necessary for the child to have a safe, happy and healthy visit. Be polite and courteous with the monitor even if you develop strong negative feelings regarding him or her. Continue to enforce the importance of wanting and seeing your child and spending quality time with your child as much as possible. Never, under any circumstances speak negatively about the other parent to or in the presence of the child or the monitor. Never, use vulgar or abusive language toward or in the presence of the child or the monitor. The visitation monitor may be an important asset at future hearings regarding a change from supervised visitation to a standard or expanded possession order.
Make every scheduled visit without fail. If unable to make a scheduled visit, contact the monitor as soon in advance as possible with an appropriate explanation and request an alternative date. Bring family members whenever possible and clear it with the visitation monitor prior to their attendance. Bring cards and gifts, not only from you but from family members. If visits are going well request off-site visits at a nearby restaurant or park. Though visits may be costly, the more frequently you are observed in a loving relationship with your child the better the chance of supervised visitation being suspended or terminated all together.
Involve a psychiatrist or qualified counselor in your visitation schedule if at all possible. Such professionals are key as you begin to build your case for standard possession since they are able to make suggestions to the Court as to how visits are progressing and the manner in which standard possession can be accomplished.
If you have been ordered to have drug or alcohol testing performed, take each test as scheduled and make certain you are free of drugs and alcohol. A positive drug or alcohol test may place you back at square one and undermine your progress.
If a social study is ordered, dispose of any prescription drugs not needed or which are out of date and put away any alcohol in your home. Make certain your home is clean and orderly when the evaluation is performed. In such cases, a qualified professional will come to your home and evaluate the environment as it pertains to the best interest of the child. If you have been ordered into supervised visitation because of drugs or alcohol it is imperative that these items not be sitting around the home when a social worker is performing his/her evaluation to avoid negative results or an invalid conclusion.
Keep your child support current at all times! If the supervised visitation is placing a financial strain on your ability to pay child support, have an attorney address modifying your child support obligation in a Motion to Modify. It is counterproductive to request unsupervised visitation if you are not current in your financial responsibility toward your child.
Some very important tips a non-custodial parent should follow on a supervised visit:
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Follow the schedule of your visits to the letter. Never cancel except for dire emergencies!
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Always arrive on time.
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Focus totally on your children. Don’t ask about the custodial parent or exchange information or be judgmental in your comments. This is your time with your children.
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Have a game plan on what you will do when talking and spending time with your children. Stay open to suggestion from your children on what they would like to do with you so everyone enjoys the visit.
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Talk with your children about what you are doing in your life. Ask about their activities and school, but don’t press for information. Let them know that you are interested in what they care about.
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Always keep your word. Don’t make promises that you can’t keep!
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Avoid talking about the custodial parent at all times, the divorce, and any court actions. Keep all conversations light and positive. This is your time for your children. Use it to reconnect and enjoy each other.
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Do not criticize the custodial parent or make negative comments about the supervised visitation. This is all the time you have with the children. Love, embrace and enjoy them every moment.
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You may not like it, but follow the rules set forth for the supervised visitation. Respect the process and this may help to encourage the court to change your status to unsupervised visitation.
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:
- 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.
- Idealization of aligned parent and wants to constantly be in the aligned parent presence.
- 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.
- The child refuses to visit or spend time with the rejected parent, frequently faking fear.
- 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.
- The child feels no guilt about his/her behavior toward the rejected parent and will not forgive past indiscretions.
- 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.
- 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!
Fathers and Parent Alienation Syndrome
One in three children lose touch with a parent, usually the father, following a divorce. 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. One in three children stated that they felt isolated and lonely during and following the divorce process.
Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the other parent. In most cases, the purpose of the alienation is to gain custody of a child and exclude involvement by the father. In other cases the mother wants the father out of the way to start a new life, the mother wants more of the money and assets than she is entitled to and uses the children as pawns. The mother hates the father and the children become false weapons. These are just a few reason Parental Alienation occurs in domestic disputes.
Parental Alienation Syndrome is common because it is an effective device for gaining custody of a child. Trough systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behaviors then gains misplaced loyalty of the child.
There are two types of Parental Alienation Syndrome, medical and legal. Medical 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 often takes on a form of withdrawing love and communication. This extends to the children through the custodial parent. It is a mechanism employed to stop the father from having contact with his children; and can be described by the mother holding the children “hostages,” afraid of the mother, and obeying her as a means of survival. The child may also be instilled with false memories of the father, may be 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 and are much easier to identify.
It is important no matter how bad the alienation becomes that you strategize to create a line of contact with your children, the mother and anyone connected to them. Having a plan is critical. When a father loses contact with his children he goes from disbelief, to despair, anger, depression, confusion and a total sense of social injustice. Having a plan means looking at the situation logically, rather than emotionally.
1. The first stage is to look for direct contact with the mother and children. Can you meet, write, or phone?
2. If you are not allowed contact, can a relative contact the mother or children on your behalf?
3. Can you contact your children through church, school, clubs, sports activities, or daycare?
4. Can you participate in your children’s activities?
5. Do you have a non-suggestive witness that can go with you when you exercise your visitation rights?
6. Is there a local grocery store where you can purchase something to have a receipt stating the date and time you were in the area?
7. Will the police make a report stating that you attempted to exercise your visitation?
8. Whenever possible take video and pictures.
In cases of Parental Alienation Syndrome it is important that you document everything. Keep a diary or timeline. Write important events down on a calendar.
If you are a victim of Parental Alienation Syndrome, contact an attorney. Discuss your options. Formulate a plan to move forward. Do not give up your parental rights as a father.
Parental Alienation Hurts Your Children – Know the Symptoms
Are you now going through or commencing a “High Conflict” Divorce with children where one Alienating Parent is encouraging or programming the child to reject the other parent without legitimate cause or justification. An alienating parent makes a child choose sides to bolster the alienators own parental identity and to undermine the target parent through denigration and interference with the child’s other parent relationship.
Parental Alienation is more common than thought in divorce situations and many alienation situations continue throughout the entire relationship with the target parent and the affected child.
A report from Fidler and Bala (2010) reported increased incidences and judicial findings in parental alienation and estimated signs of parental alienation in 11-15% of divorces with children. Psychiatrist, Dr. William Bernet, Professor at Vanderbilt University and advocate of parental alienation (Sept. 2013) “Almost every mental health professional who works with children of divorced parents acknowledges the PA (parental alienation) affects thousands of families and causes enormous pain and hardship”
What are the warning signs of “Parental Alienation Syndrome”? Beware when a child starts displaying accelerated signs of hatred and anger rejecting any relationship with the target parent. This is especially transparent when a normal relationship existed before the deviant behavior manifests.
Are you having these types of problems with your children? What are the basic symptoms of Parental Alienation(PA)? There are many versions but in our law practice, these are the most visible:
- Under the idea of just being honest, the alienating parent tells the child “the entire family situation” through their opinionated eyes causing the child to think less of the target parent. Placing singular blame for who caused the breakup of the family?
- Alienating Parent refuses to allow the target parent access to school records/activities, medical/doctor records/appointments, extracurricular activities, or anything that would be a shared part of the child/parent life together.
- An Alienating Parent makes demands on the target parent that are contrary to court orders. Allows the child to make choices about parental visits with the target parent contra to existing court orders causing the child to resent the target parent when the changes request cannot or should not happen.
- Alienated parent may schedule the child in too many activities to assure no time is left for the target parent to visit with the child. Both parents need to be flexible with visitation to respond to the child’s need to have a relationship with both parents.
- A parent listens in on the child’s conversation with the target parent or does not allow the child to talk with the target parent at the designed call time.
- Refuses to allow children to takes their possessions to the target parent residence.
- Alienated parent blames the target parent for financial problems, having a boy/girlfriend, or causing changes in the family lifestyle. Forcing adult issues on a minor to gain advantage.
- When the child shows constant anger towards the target parent that accelerates to the point where the child avoids being with the target parent. No justified or demonstrative reason is given or exists for the anger and the child will not discuss the issue.
- The alienating parent will use the child to spy and gather information against the target parent. This can cause the child to demean and fear the target parent while scaring the child’s self-image.
- Alienating parent asks the child about the other parent’s personal life causing the child extreme stress/tension. A child not alienated wants to loyal to both parents.
- Alienating parents have secret codes, signals, and words that reinforce very destructive on-going alienation.
In today’s world Parental Alienation Syndrome (PAS) is now taken very serious in family law courts. Please review the symptoms of parental alienation and see if there are common elements in your relationship with your child to determine if parental alienation may be a factor.
If so, take action to help alleviate this this situation with your child. Contact a medical professional who can help address this form of brainwashing. The alienating parent always feels like they are helping the child, but in reality, by pushing the child into their way of thinking about the target parent, they are pushing the child into a life of low self- esteem, depression, lack of trust, and self- hate. Many times the child will turn on the alienating parent when the real family picture comes out or as they grow and mature.
Nothing is ever gained by demeaning actions by one family member on all other members of the family unit. Many times it may also be necessary to contact a legal profession who is knowledgeable in Parental Alienation situations to legally intercede and help correct family issues before the child and parent regress to a non- existent relationship with each other.
Getting Even by using a child is never fair play. The child has two parents and should be able to have a loving relationship with both.
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?
- Interference with the target parent visits. Giving children unhealthy choices when there is no choice about the visit. Not allowing any target parent visits.
- 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.
- 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.
- 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.
- Making major unilateral decisions regarding the child without consulting the target parent.
- Refusing to let the child take his/her possessions to the target parent’s residence.
- Telling the child, in a time of juvenile crisis, that the target parent has been abusive and the target parent may hurt the child.
- 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.
