Legal Implications of Parental Alienation in South Carolina Custody Cases

What is Parental Alienation?

Parental alienation is the loss or damage of a relationship between a child and parent, resulting from many reasons, such as drug use of the parent, abuse, divorce, or manipulation by the parent. The intent of parent alienation is typically to sever the child’s relationship with the other parent. Parental alienation indicates a significant strain or complete absence of a relationship between a parent and a child.

Common examples of parental alienation include:

• Speaking negatively about the other parent in front of or to the child
• Preventing the child from speaking with the other parent
• Preventing the child from visiting the other parent

What Are the Parental Alienation Laws in South Carolina?

The key focus in family court is upholding the best interests of the child. It is commonly agreed that it is in a child’s best interest to be encouraged to spend time with both parents. For this reason, there typically must be a valid circumstance to warrant a court-ordered visitation schedule that heavily limits time with one parent over the other. It is also for the same reason that the law heavily discourages the act of one parent restricting or denying access to the child.

South Carolina laws specifically address parental alienation in the following circumstances:

• Creation or modification of a custody order: When deciding to create or modify a custody order, a judge may consider parental alienation. A common factor considered by judges awarding custody is whether a parent encourages the child’s relationship with the other parent and how well the parent has followed prior court orders.
• Modification of a custody arrangement: For a change to an existing custody arrangement to occur, there must be evidence of a substantial change in circumstances by one of the parents that would greatly disrupt the child’s normal routine. An order may be changed on the grounds of parental alienation if there is substantial proof that serious action has occurred.
• Visitation rights: A court may impose certain conditions regarding parenting time to help address allegations of parental alienation, such as supervised visitation or other conditions to help the child.
• Withholding parenting time: A parent cannot withhold parenting time to punish the other parent and violate the court order. If one parent refuses to follow the agreed-upon custody order, then the slighted parent may seek enforcement of the order through the courts.

What Signs May Indicate the Occurrence of Parental Alienation?

While allegations of parental alienation are easy to make, it is much more difficult to notice when it is occurring. The following behaviors may indicate alienation:

• Child:
  • Makes contradictory and confusing statements or allegations about the rejected parent and contradictory behavior with the rejected parent
  • Has polarized good or bad view of each parent or idealizes one parent while devaluing the other
  • Gives unconvincing, irrational answers that lack conviction to justify disdain
  • Addresses rejected parent by first name
  • Blames the rejected parent for allowing the parents’ romantic relationship to end
• Preferred Parent:
  • Seems embarrassed by the ending of the romantic relationship with the other parent
  • Speaks badly about the other parent’s qualities or involvement with the child
  • Acts fearful or suspicious of the rejected parent around the child
  • Encourages a dependent relationship with the child so the child can shield them from the rejected parent
  • Minimizes meaningful interaction between the child and the rejected parent
  • Vocally proclaims the child can make decisions about contact with the rejected parent
• Alienated Parent:
  • Has erratic, intermittently rigid, or punitive approach to parenting
  • Shows outrage when the child challenges authority
  • Is passive or regressed during conflict
  • Is immature or selfish in regard to the child
  • Easy to anger; Intimidating, but not to the point of abuse
  • Does not believe that the child will ever change their opinion of the rejected parent
  • Poorly empathizes with child
  • Challenges the beliefs and attitudes of the child and tries to convince them otherwise

What to do in Response to Parental Alienation?

If a parent believes that their child is refusing or resisting visitation due to parental alienation, it may be helpful to focus on the following actions:

• Request the services of a Guardian ad Litem so that a third-party objective professional will be involved when deciding what is in the child’s best interest.
• Ask for the court to order reasonable measures to dissuade similar behavior, such as requesting a specific visitation and telephone schedule.
• Ask for permission to communicate with the alternative parent exclusively through an appointed or otherwise approved third party.
• Document all efforts to foster a relationship with the child and include the persistent interference by the other parent.

How Can Parental Alienation be Proven?

Parental alienation can be particularly hard to prove. If a parent is being alienated, the following steps may help:

• Find witnesses: A parent, therapist, or other family member may be used as a witness. The child involved may be used as a witness, assuming the child understands the manipulation that is occurring.
• Collect evidence: Texts, social media posts, and written communication from the child may be used as evidence.
• Hire an attorney: An experienced attorney will assist in gathering evidence to support claims of parental alienation, making it easier to prove.

Do You Need an Attorney?

If you are being kept from court-ordered visits with your child, you must take action immediately. You deserve to be a constant in your child’s life. Let us work with you to make sure that happens. Call The Howze Law Firm, LLC, 803-266-1812, or fill out a contact form to schedule a consultation.