The role of alienation in custody disputes

On Behalf of | Dec 18, 2018 | Child Custody

Texas residents and others may be familiar with something called Parental Alienation Syndrome (PAS). It is a theory that suggests people will say or do things to turn their children against the other parent. However, in some cases, individuals will claim parental alienation as a method of committing emotional abuse against their former spouses. Essentially, the claim is fabricated in an effort to exert some sort of control over someone after a marriage is over.

In one case, a man had given the mother of his children full custody of them. He later chose to pursue custody of the kids in court by claiming that the mother was mentally unstable. Ultimately, the father was granted full custody while the mother was granted two hours of supervised visitation per week. Controversy exists as to whether PAS is real or how to diagnose it.

However, research into the matter suggests that claims of alienation can have an impact on a judge in a custody case. Those who have conducted research into alienation and abuse claims say that the abuse claims should take precedence. Once the abuse claims have been investigated, the alienation claims can then be looked into further. In the event that abuse has occurred, claims of parental alienation may be irrelevant.

Those who are seeking parental rights may introduce evidence of abuse by the other parent. This may show that granting those rights is in the best interest of the child. In some cases, allegations of abuse may not prevent a person from obtaining custody or visitation rights. Parents may benefit from hiring an attorney to help with the case. Doing so may make it easier to gather evidence or create legal arguments designed to achieve a favorable outcome.