Having steady, consistent, and healthy communication with your child is essential to maintaining that relationship and fostering a skillful co-parenting arrangement. When that relationship suffers because of parental alienation, it’s critical to recognize this early on and take steps to mitigate it. South Carolina law may allow you to ask the court to modify the custody order to address claims of parental alienation.
The child custody lawyers at Turner Family Law are here to guide you and your family through legal matters involving parental alienation and custody. We understand that family disputes can be emotionally trying for our clients, especially when children are involved. We can help you create responsive and practical solutions to help you safeguard and encourage healthy family dynamics and parent-child relationships.
What Is Parental Alienation?
Parental alienation is when there is a breakdown of the relationship between a parent and a child. The breakdown could be because one parent prevents the other from seeing or interacting with the children — physically or virtually.
Parental alienation may also occur if one of the parents has a significant or disruptive mental health or substance use problem that keeps them from engaging with the kids in healthy ways. Extended family, teachers, friends, or neighbors can also create a situation that alienates a child from their parents.
How Parental Alienation Affects Children
In the aftermath of a divorce or separation, children may feel unsteady, confused, and insecure about where they stand, who they can depend on, and their place in the family. When parents continue to engage with their children in skillful and loving ways, it helps the children feel more secure.
When parents are disruptive or don’t honor each other’s rights under the custody agreement, it creates an unpredictable and, sometimes, harmful environment for the children. They may question their place in the family and internalize these factors, believing it is their fault.
Recognizing Parental Alienation Tactics
Parents or other adults may use a variety of tactics to interfere with a parent’s relationship with a child. For example, they may be consistently late dropping the children off or picking them up or failing to give them back once their scheduled time ends. Other tactics include one parent talking badly about the other to the children and making the children feel like they don’t want to talk to or see them.
Other family members — like grandparents, aunts, uncles, etc. — may also participate in these behaviors and interfere with the parent-child relationship.
How Courts View Parental Alienation in South Carolina
In South Carolina, courts consider the children’s best interests when viewing a custody arrangement. The default rules also encourage parents to create a co-parenting schedule that enables both parents to have healthy and enriching relationships with their children.
When parents disregard the custody order or alienation occurs between the parent and their children, someone can ask the court to enforce or modify the order to protect the children and their relationship with the parents. South Carolina law also empowers the courts to penalize parents or any other adult who interferes with a legally binding custody order. Penalties may include the offending party being held in contempt of court and having to pay a fine, participate in community service, or go to prison.
Can a Parent Lose Custody for Parental Alienation?
Yes. A parent may lose custody if they alienate the other parent from the children. Alternatively, a parent may lose custody if they’re engaging in activities — such as drug or alcohol use or reckless activities — that alienate the children from that parent.
How Parental Alienation Impacts Custody Decisions
South Carolina’s custody laws require the parties to create a co-parenting arrangement that is in the children’s best interest. For example, the order may consider the children’s ages, their development stages, their relationship with each parent, and their educational needs.
When a parent’s actions disrupt or destroy the relationship between that or another parent and their children, this may justify changing or revoking custody. In matters involving children, the court’s primary concern is to make sure custody decisions align with the children’s best interests. If parental alienation occurs, the judge may decide that it’s best to take away custody or adjust it. The judge may do this temporarily while the parents resolve the interfering factors.
Or they may decide that a long-term custody change is necessary.
How a Family Law Attorney Can Help With Parental Alienation Cases
Parental alienation can take a toll on families and strain the family dynamics. Working with a trusted and compassionate family lawyer may be beneficial in these situations. They can use their interpersonal skills and knowledge of the law to understand what went wrong and help the family move in a value-aligned direction. Additionally, if the source of parental alienation poses risks to children, the attorney can file motions and seek protective orders to help keep everyone safe.
Contact Turner Family Law for Help Filing a Parental Alienation Case
Parental alienation can have an enormous impact on the well-being of the children, parents, and the entire family. When these situations arise, it may be necessary to go to court to try to modify or enforce the existing custody arrangement to create a safer environment for everyone.
Turner Family Law provides customized, compassionate legal solutions to family law matters like cases of parental alienation. As a divorced dad himself, J. Michael Turner, Jr. understands the challenges involved in creating and maintaining co-parenting solutions that work long-term.
He takes a proactive and personable approach to helping families achieve balance and safety.
Contact his team today by calling 864-778-2734 to schedule a no-obligation consultation.
