Can Parent Alienation Impact Child Custody?

The Tennessee family court may have decided on a child custody arrangement it believed, at the time, worked in the best interest of your child. However, the court also understands that circumstances change and certain realizations are made after the fact. As such, if you are a victim of parental alienation, in which your ex-partner manipulated your child as a means of intentionally harming your relationship with the child, the court may order a modification of the current custody arrangement. In fact, parental alienation in Tennessee child custody cases is a critical factor considered by the courts when determining whether or not a modification is necessary to ensure the best interests of the child. Continue reading to learn whether parent alienation can impact a child custody arrangement, the signs of alienation, and how one of the experienced Clarksville child custody lawyers at Fendley and Birch can work to protect the relationship you and your child share.

What Does Parent Alienation Look Like in Montgomery County?

Essentially, parent alienation is a strategy whereby one parent intentionally psychologically manipulates their child to harbor unjustified negativity toward their other parent and thereby grow estranged from their other parent. Unfortunately, this may be considered a form of emotional abuse, and it typically arises in the event of a divorce.

That said, a parent may initially engage in such parent alienation behaviors by speaking poorly about their child’s other parent in front of them. This may be seen by a parent making disparaging comments about the other parent’s faults. Or, by falsely accusing the other parent of not wanting to see their child, not wanting custody rights over their child, or not wanting to pay support for their child. Then, this may turn to extreme measures of making their child feel guilty for spending time with their other parent, making the child withhold important information from their other parent, making the child limit contact with their other parent and their extended family, etc.

Common Signs of Parental Alienation

A parent repeatedly speaks negatively or makes false statements about the other parent in front of the child
The child feels fear, anger, hostility, or disdain for the other parent, often without any justification
The child feels guilty or anxious when spending time with one parent
The child is encouraged to keep secrets or intentionally withhold information from a parent
The alienating parent repeatedly undermines the authority and decision-making of the other parent

What Court-Ordered Rights Does Parental Alienation Actually Violate?

In accordance with TN Code § 36-6-101(a)(3), all custody orders arising from a divorce will grant both parents specific rights, unless the court finds that it would go against the best interests of the child to do so. Alienating behavior often violates several of these matters directly:

The right to be free of unwarranted and derogatory comments made about you or your family by the other parent to your child or while in the presence of your child
The right to have uninterrupted telephone or video communication with your child at least twice a week, at reasonable times and for reasonable durations
The right to send your child mail that the other parent cannot destroy, deface, open, or censor, and which must be delivered to your child as soon as it is received

Is Parental Alienation Considered Abuse Under Tennessee Law?

Parental alienation can reach levels of emotional or psychological abuse, as, at its core, this involves the intentional manipulation of a child as a means of harming their relationship with their other parent. As such, courts in Montgomery County and across Tennessee take these allegations seriously, as parental alienation can impact the well-being and development of a child.

Why Courts Take Alienation Seriously

Alienation can harm the emotional and psychological health of a child
It can significantly disrupt the child’s relationship with both parents
Alienation may violate existing aspects of the custody or visitation order
In serious cases, alienation can result in contempt of court charges

Is It Possible for Parent Alienation to Impact a Child Custody Arrangement?

You must understand that the Tennessee family court that established your initial child custody arrangement may still be authorized to modify its previous orders. This is to say that you must formally file a post-judgment modification with the court and claim parent alienation as the issue.

If you are alleging alienation and seeking a modification, there are two steps the court will apply. First, under § 36-6-101(a)(2)(B), you must prove that a material change in circumstances has occurred, and failure to adhere to the imposed parenting plan or a court order is explicitly named as an example. Once, and only if, the first step is satisfied, will the court reach the second step, at which point whether or not the modification serves the best interests of the child will be considered.

If you can successfully prove the existence of parental alienation through witness testimonies, written communications, and more, then the court may intervene and alter the arrangement, as the best interest of the child is of the utmost importance to the court.

Potential Custody Modifications

The court may modify or, in serious cases, completely strip the custody rights the alienating parent has over their child
The court may permanently and positively modify the custody rights the alienated parent has over their child
The court may order that the visitation hours the alienating parent has with their child be completely supervised from here on out
The court may significantly extend the visitation hours the alienated parent has with their child

How Do You Prove Alienation in Court?

It’s necessary to understand that proving parental alienation requires strong documentation, though the standard may be lower than what you are anticipating. Under § 36-6-101(a)(2)(B), the petitioner must prove that a material change in circumstances has occurred by a preponderance of the evidence, meaning that it is more likely to have occurred than not, rather than by clear and convincing evidence.

Evidence That May Support Your Case

Written communications, like texts, emails, and social media posts
Testimony from witnesses like friends, family, teachers, and others who interact with the child
Logs of interference, including dates, times, details, and documentation, kept simultaneously to help establish a pattern rather than a single incident
Assessment conducted by a court-ordered evaluator who can analyze therapy records and offer recommendations like individual, family, or reunification therapy, in addition to any changes to the parenting plan

Contact an Experienced Montgomery County Child Custody Attorney Today

In conclusion, if you believe you need a nudge in the right direction, you should feel comfortable turning to one of the skilled Clarksville family lawyers for aid. With that being said, do not hesitate to connect with the team at Fendley and Birch. Our firm understands the impact that child custody can have on both the alienated parent and the child, which is why we will fight for the best possible outcome. Contact us today to learn how we can represent you.