How Do the Florida Courts Address Parental Alienation?

Parental alienation occurs when one parent attempts to undermine the relationship of the children with the other parent. Essentially, they accomplish this by going on a smear campaign and convincing the child that the other parent is evil, cruel, or unfit. While there is no specific Florida law that addresses parental alienation, the courts do take the matter seriously. In Florida, judges make decisions based on the best interests of the child. Florida law considers having both parents in the child’s life to be (as a default) in the best interests of the child. That means that Florida presumes two parents are best for the child. In this article, we’ll discuss how the State of Florida responds to allegations of parental alienation and what you can do if you’re being alienated from your children.

Addressing parental alienation in Florida

Florida Statute § 61.13 addresses how the Florida courts handle issues related to child custody. Ultimately, the courts will weigh evidence presented by both parents and make a determination based on what is in the child’s best interests. Florida presumes that shared parenting is in the child’s best interests and wants the child to foster a fulfilling relationship with both parents.

If one parent claims that the other is alienating them from the children, the Florida courts will investigate. It could be in the best interests of the alienated parent to request that the court assign a Guardian ad Litem to the case. The courts will pore over communication records, listen to witness testimony, and employ experts to comment on the conduct of the alienating parent.

If parental alienation can be proven, it may have a significant impact on child custody arrangements. This could potentially lead to modifications of the custody agreement and parenting plan to protect the child from further manipulation.

What remedies will the court employ to address parental alienation? 

• Modify custody and time-sharing – The Florida courts could see fit to adjust custody and time-sharing arrangements. This ensures that the child maintains a healthy relationship with both of their parents. If alienation can be established, the alienating parent would be disadvantaged in these proceedings.

• Order therapy – A judge could order family counseling or reunification therapy to repair the damage done by the alienating parent.

• Impose sanctions against the alienating parent – A parent who violates a court order related to alienation can face fines or other penalties.

• Contempt of court – In the most extreme cases, the alienating parent could be held in contempt of court. This is particularly true if the alienating parent violated a court order to refrain from bad-mouthing the alienated parent.
• Supervised visitation – If the court determines that the alienating parent’s conduct is harming their child, they may require supervised visitation to prevent further misconduct.

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of parents in child custody cases. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.