19 Aug How Tri-Cities Judges View Parental Alienation
Divorce is hard enough. Add children to the picture, and the stakes can go from stressful to overwhelming. If you are going through a custody dispute in the Tri-Cities area and you have noticed the other parent saying things that turn your kids against you, you could be the victim of parental alienation. In this case, you are dealing with something courts take very seriously. Read on to learn how Tri-Cities judges view parental alienation to understand where you stand and what you can do about it.
What Parental Alienation Is
Parental alienation happens when one parent works to destroy a child’s relationship with the other parent. That can entail a number of manipulative behaviors, such as these:
- badmouthing the other parent in front of the kid
- limiting phone calls and visits with the other parent
- telling the child the other parent does not love them
- making false accusations of abuse
- coaching the child to fear or reject the other parent
Parental alienation is not always obvious. Sometimes, it can be as subtle as one parent saying, “I hope you were okay while I was gone” in a tone that implies the child was in danger. These small digs, when combined into a pattern of behavior, can have a deep impact on a child’s ability to trust and relate to the other parent.
The Legal Foundation: What Washington Law Says
Washington State family courts operate under one guiding principle in every custody decision: the best interests of the child. RCW 26.09.002 states that a child’s best interests must be the determining factor that courts evaluate when establishing custody rules. The law also encourages judges to pass rulings that foster a child’s relationship with both parents, unless one or both of those relationships would be inconsistent with the child’s best interest.
Furthermore, RCW 26.09.187 says that one factor that must play into custody decisions is each parent’s willingness to facilitate a healthy relationship between the child and the other parent. Therefore, a pattern of unwillingness reflects poorly on that parent’s standing in court.
How Judges Evaluate Alienating Behavior
If a Tri-Cities judge is presented with a concern about parental alienation, they consider the evidence. If the court finds persuasive evidence of alienating behaviors, it will consider this when making custody determinations. The key term here is “evidence,” as judges typically dismiss “he said/she said” accusations.
Supplying the Proof Yourself
If you have proof, then you can make a very strong case in court. The earlier you build a record of your ex’s pattern of alienating behaviors, the more compelling your case will be. Save all texts, emails, and voicemails. Keep a written log with dates, what was said or done, and who was present. You’ll also want witness statements from teachers, family members, friends, or anyone else who has observed the behavior. Therapy records also count if a counselor has worked with your child.
The Court Gathering Proof
When alienation is alleged, judges can bring in outside professionals. Typically, the court appoints a Guardian ad Litem to represent the child’s best interests. This person investigates claims of parental alienation and submits findings on the claim’s viability and how those tactics are affecting the child’s mental and emotional health. The court might also hire a parenting evaluator, a mental health professional who can conduct psychological tests, recommend therapy, and submit custody recommendations.
If the court enlists these professionals for your case, cooperate fully and present yourself honestly throughout the process.
What Judges Can Do When They Find Parental Alienation
Once a judge determines that parental alienation is occurring, parenting time will depend on how severe and how documented the behavior is. The Judge may decide that one of the following is appropriate to do.
Reunification Therapy
It is common for a judge to order reunification counseling when parental alienation is at play. This is structured work with a licensed therapist to repair the bond between the child and the alienated parent. The parent who instigated the alienation is typically the one to pay for this counseling.
Custody Modifications
If you already have a custody agreement that parental alienation is undermining, you can petition the court for modification under RCW 26.09.260. The alienation can count as a “substantial change in circumstances,” which is an accepted reason to modify custody orders. You must prove that the alienation has occurred and that a custody modification would serve the child’s best interests. In the most severe cases, a judge can transfer primary custody to the targeted parent entirely.
Contempt of Court
The judge can hold the alienating parent in contempt of court if they are not following the court-ordered parenting plan, allowing the judge to impose make up time or penalties such as fines or even jail time.
Criminal Consequences in Severe Cases
Some cases of parental alienation are so severe that Washington State law can classify them as criminal offenses. As per RCW 9A.40.060, severe alienation can be defined as Custodial Interference in the First Degree, which is a class C felony. This law exists to protect parents from being denied their court-ordered time with their children. It is a last resort.
What You Can Do Right Now
If parental alienation is a factor in your Tri-Cities custody case, here are steps you can take to help judges view your situation accurately and favorably:
- Document everything: Keep a running log of every interference with dates, times, and witnesses.
- Save all communications: Do not delete texts, emails, or voicemails, even ones that seem minor.
- Avoid retaliating: Do not badmouth the other parent to your children in response. This weakens your position considerably.
- Protect your children from the conflict: Reassure your kids that both parents love them. Do not quiz them about the other household.
- Request a parenting evaluation early: If you have solid documentation, asking the court to appoint a GAL or parenting evaluator can move things in the right direction.
We Can Help You Protect Your Relationship With Your Kids
Parental alienation cases are among the most emotionally draining custody situations a parent can face, and you should not have to navigate them alone. If you are dealing with this in the Tri-Cities, we understand what it takes to build a case courts will take seriously. Our approach to family law in Tri-Cities, Washington, centers on protecting your parental rights and your children’s well-being. Reach out today to talk through your situation and your options.