When you’re going through a divorce in Monroe or anywhere throughout Ouachita Parish, one of the most contentious matters for most couples is child custody. Unfortunately, you’ll find that while most people can come to terms with the court order in place, this is not always the case. In some instances, you may find that your ex-spouse does everything in their power to hurt you. One such tactic used is parental alienation. If you have reason to believe your ex is trying to strain your relationship with your child, this blog explores what you can do and how a Monroe, Louisiana family law attorney can assist you through these matters.
What Is Parental Alienation Under Louisiana Custody Law?
Parental alienation occurs when one parent intentionally manipulates their child to put immense strain on the relationship between the child and the other parent. It’s important to understand that “parental alienation” is not a criminal offense in and of itself under Louisiana law. However, the conduct may violate the terms and conditions of the custody agreement or act against the child’s best interests.
Under Louisiana law, the child’s best interests standard examines a number of factors, including whether or not each parent is supportive of and willing to facilitate a relationship between their child and the other parent.
Core Elements of Parental Alienation
- Repeated negative statements about the other parent
- Interference with court-ordered visitation
- Encouraging or leading the child to fear or reject the other parent
- Blaming the other parent for the divorce or tension in the family
- Pressuring a child to feel as though they need to choose a side
How Do Louisiana Courts Determine the “Best Interests of the Child?”
In Louisiana custody disputes, parenting time is not automatically divided evenly between the parents, nor is it based on anecdotal evidence alone. As such, the Ouachita Parish court must evaluate a number of factors to determine which custody arrangement would represent the best interests of the child, in accordance with Louisiana Civil Code Article 134. While the judge will rely on these statutory factors, the judge will have broad discretion to determine the best interest of the child, as no single factor will determine the outcome.
Custody Factors Considered by the Courts
- Emotional ties between the child and each parent
- Each parent’s ability to provide love, guidance, and education
- The ability of each parent to provide a stable home environment
- The physical, mental, and emotional health of each parent
- History of obstructing visitation
- Allegations of child abuse or neglect
- A history of substance abuse issues
- Any other factors deemed relevant by the court
What Are Common Signs of Parental Alienation?
Early detection of parental alienation is critical to intervene. This is important in protecting not only your custody rights, but also protecting your child’s mental health.
Warning Signs
- Your child repeats adult language or accusations
- Your child refuses to spend time with you without explanation
- The other parent repeatedly interferes with custody or visitation
- You are excluded from updates regarding school, medical care, or extracurriculars
- Your child suddenly becomes fearful or hostile
Parental alienation can result in a child who resents you. This can be incredibly challenging for the parent, as they may be frustrated or hurt by their child’s decision. However, it’s critical to remember that it is not the fault of the child. They are just as much a victim, as this can cause severe emotional issues as a result.
What Should You Do if You Suspect Parental Alienation in Louisiana?
If you are a victim of parental alienation by your ex-spouse, understanding the legal action you can take is critical. While parental alienation as a whole is not technically illegal, this behavior may undermine the best interests of the child. As such, it is imperative to document these instances as much as possible, as courts in Ouachita Parish, and across Louisiana for that matter, rely heavily on clear documentation, rather than anecdotal evidence.
Steps To Take
- Preserve all written communications (text, emails, exchanges on parenting apps)
- Log instances where you were denied information or access to the child’s school, medical care, or extracurricular activities
- Do not retaliate or begin speaking negatively about your ex to your child
- Keep a detailed visitation log, including instances where you were delayed or denied visitation
Can Parental Alienation Lead to a Custody Modification?
Yes, if the court finds that the alienating behavior violates the custody order or harms the best interests of the child, the court reserves the right to change the agreement in accordance with Louisiana Civil Code Article 131. Repeated violations of a joint custody order or repeated obstruction of visitation can result in the court finding that a change in custody is necessary to protect the child’s best interests.
It’s important to note, however, that in accordance with Louisiana law, the burden of proof to show a substantial change in circumstances warranting the modification of the custody agreement falls to the parent requesting the change. As mentioned, the Ouachita Parish court will rely on documented evidence rather than unsubstantiated claims.
Legal Remedies Louisiana Courts May Consider
- Contempt proceedings for violations of the custody agreement
- Modification of physical custody
- Supervised visitation for the alienating parent
- Reunification therapy
- Mandatory counseling
- Court-ordered psychological evaluations
Contact Our Experienced Louisiana Family Law Firm Today
If you are the victim of parental alienation at the hands of your ex-spouse in Monroe or Ouachita Parish, our dedicated team will do everything to assist you during these challenging times. At Breithaupt, DuBos, & Wolleson, we understand how complicated these matters can be and the devastation they can cause you and your family. That’s why our team is ready to assist you through these matters. Contact our firm to discuss your circumstances with a member of our dedicated team.