How can I Present a Case for Parental Alienation After Divorce in Florida?
Custody battles in divorce are often inevitable, as most parents want to stay connected to their children. Usually, the outcome might favor one of the parents, and the other will lose the right to be with their children. In other cases, both parents might enjoy joint custody of the child or shared time.
Sometimes in divorce cases, some parents will do all it takes to win custody of their children. A parent may use their children as pawns, turn them against the other parent, or use manipulative means to get their desired result. This act is called parental alienation, which can cause children severe trauma and emotional distress. The damages caused by parental alienation could continue into adulthood.
Florida courts believe both parents should remain active participants in their child’s life except in some extreme cases also decided by the court. Therefore, you can present a case of parental alienation if you sense any form of manipulation of your child against you.
How Does Florida Law Treat Parental Alienation?
Under Florida law, some types of parental alienation can cause the offending parent to lose custody of a child because the court seeks to protect the child’s best interests. Some of the factors the court considers include:
- Parents who prioritize the needs of the child
- Moral and mental fitness of the parents
- The preference of the child
- Any evidence of knowingly providing false information to the court regarding neglect, violence, etc.;
- The disposition of each parent to protect the child from ongoing litigation
- Refraining from making disparaging comments about the other parent to the child
- Any other factor the court deems relevant.
How To Prove A Case For Parental Alienation?
You should take some crucial steps if you believe your spouse is engaging in parental alienation.
First, you need to keep a proper record of all activities, such as information your child could provide regarding what the other parent is doing or saying and consistent failure to comply with a visitation order with the intent to prevent contact or regular requests to alter the visitation schedule or even any behavioral changes in your child and any other valuable information.
You can also Maintain logs of every attempt you make to visit with or contact your child, Keep records of all activities or functions you attend with your child or for the benefit of your child, and create a list of witnesses who can testify about your relationship with your child and the attempts of parental alienation by your child’s other parent.
Next is to contact a child custody lawyer to discuss your legal rights and options for seeking custody.