Levels of Parental Alienation

There are different levels to the severity of parental alienation. These levels bring forward different signs and actions in children.

• Mild: The child(ren) will express resistance to visiting, communicating with, or spending time with the alienated parent. However, once they are alone with the alienated parent this resistance will quickly dissipate and the relationship will return to a positive one.
• Moderate: The child(ren) will express strong resistance to any contact or communication with the alienated parent. Once with the alienated parent that resistance will remain and the child(ren) will oppose being near them, spending time with them, and communicating with them.
• Severe: The child(ren) will express strong resistance, similar to moderate levels of alienation. However, when pushed to have contact with the alienated parent, the child(ren) will run away, hide, or physically resist any attempt to have such contact. This level of alienation often results in the child not engaging in parenting time with the alienated parent or acting out when with the alienated parent to sabotage or truncate the visit.

Signs of Parental Alienation

Parental alienation shows itself in children in many ways that differ case by case. These signs can be subtle or aggressive. Often they will build up, causing them to be even more difficult to resolve over time.

Unwavering Support of the Alienating Parent

Children being alienated will show unwavering support of the alienating parent. Everything the alienated parent does is “bad” and everything the alienating parent does is “good.” Additionally, when questioned on this support, an alienated child will deny any influence by the alienating parent and claim the feeling as all their own.

Adult/Uncharacteristic Language

Alienated children will often repeat the comments of the alienating parent. Because an alienated child does not fully understand why the alienated person is “bad” but just is told that they should feel that way, they will often grasp onto the words the alienating parent says and make them their own. If you notice the child(ren) saying words or phrases that are not usual for a young child or things that they should not know, this is a clear sign that the alienating parent is discussing these matters with them.

Fear of Having Fun with You

Children experiencing parental alienation will often feel scared to have fun with the alienated parent. If they are having a good time, they may even ask the alienated parent to not tell the alienator that they had a good time together.

No Guilt

Non-alienated children will feel bad when they say mean and hurtful things to their parents. However, an alienated child will feel justified in their harsh language towards their alienated parent.

Legal Remedies Available

The following section details some legal remedies that may be pursued.

Court Ordered Parenting Classes and Therapy

Many courts will assign parents to parenting classes that teach parents how to co-parent as well as techniques for healthy and productive parenting that encourages a positive relationship with the child(ren). In addition, if there are signs of parental alienation or trauma in the case, a court may order the parents and/or the child(ren) to attend reunification or family therapy to work on these issues.

Restraining Orders/Anti-Disparaging Orders

Courts can make orders that restrain parents from speaking poorly about one another publicly and in front of/to the child(ren). This allows a party to have a court order that they may enforce with a contempt motion if the other parent if found to be alienating the child(ren).

Guardian ad Litem or Parenting Coordinator

During a case, a court may appoint a Guardian ad Litem (“GAL”) or a Parenting Coordinator (“PC”). These individuals are court appointed licensed professionals that are third-party advocates for the children.

A GAL is appointed to review all aspects of the child(ren)’s lives including family, school, health, etc. They will interview every person relevant to the children and ultimately make a recommendation to the court as to what the parenting should look like on a case-by-case basis. As it pertains to parental alienation, a GAL is trained to notice the above-discussed signs and make findings of those in their recommendations.

A PC is similar to a GAL but will work with the parents to resolve disputes and implement positive parenting practices. PC’s are also trained in identifying parental alienation signs and will work to eliminate any negative influence that is occurring on the children.

Termination/Modification of Custody

In severe cases of parental alienation, a court may reassess a designation/allocation of parental rights and responsibilities. If the alienating parent is designated custody or significant parenting time, a court may modify this designation to restrict their parenting time or even terminate their custodial rights.

Conclusion

As stated, it is extremely important to stay knowledgeable on parental alienation and its signs so that you may raise these issues with the court. Domestic Relations and Juvenile courts take cases of parental alienation seriously and will not hesitate to take action when a child(ren) are being manipulated and/or abused into unwarranted resistance to a parent. These issues are often subtle and hard to catch, but if you know the signs, you will be able to spot them and take the proper legal actions to ensure that each parent is receiving fair and equitable treatment as it pertains to their parental rights and responsibilities.

For more information or to seek counsel from our Family Law group, please reach out to request a consultation or call us at 216-696-1422. 

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*This article was originally authored for publication in the Cleveland Metropolitan Bar Association’s Family Law Section of the Bar Journal. To view this article on the CMBA’s website, follow this link.

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Legal Custody – Decision Making Power for a Child

First, “legal custody” is the power to make decisions for a child. One parent could have sole custody, both parents could have shared parenting, or parents could have shared parenting with one parent having the ultimate decision-making authority. Legal custody designates authority over decisions such as: medical professionals or procedures, involvement in sports, etc.

Sole Custody means that you have sole decision-making authority over the child. Sole custody does not, in and of itself, provide a parent with more parenting time.

Shared Parenting allows both parents to have decision-making authority for a child. This requires parents to have discussions about what is in the best interest of the child and how they are going to make a given decision. Naturally, there can be an impasse on issues and additional “tie braker” protocols would be in place. If both parents possess decision-making power but cannot reach an agreement, viable options include retaining a parenting coordinator, seeking guidance from a mutually agreed primary care physician, or granting one parent ultimate decision-making authority.

Parenting Time – Physical Possession or Custody of a Child

The second prong, physical possession or custody of a child, is referred to as “parenting time.” There are several different arrangements and variations of schedules that could accommodate a given family. Often, parents seek to maximize the amount of time with the child and strive to divide the time equally. Most counties provide a Standard Schedule that allocates more time to one parent. This type of schedule may make sense for parents with demanding work schedules or other commitments. When a parent has relocated, a Long-Distance schedule that provides fewer blocks of time for longer durations can be the most practical schedule.

Residential Parent for School Purposes – Child School District

Third, “residential parent for school purposes” designates the school district for a child. This is easily determined when both parents want the child to stay in the same school district (i.e. Lakewood) and one parent plans to stay in that district (i.e. Lakewood) but other plans to move out of the school district (i.e. Cleveland). This can be more difficult when a young child has not yet started school, each parent believes they will live in a superior district.

Generally, people are encouraged to cooperatively co-parent with Shared Parenting and maximizing the time each parent has with their child(ren). However, designating legal custody, parenting time, and even residential parent for school purposes is very nuanced because each family has their own unique dynamic, schedules, and priorities. It is important to seek creative solutions and craft the parenting arrangements that are the best fit for the family.

Finally, parenting arrangements are always subject to modification. If things change over the years and a different arrangement would be best, the original parenting plan is not set in stone and could be amended.

For more information or to seek counsel from our family law group, reach out to request a consultation or call us at 216-696-1422.

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In general, parents have a constitutional right to make decisions regarding the care of their children. This right is derived from the Due Process Clause of the Fourteenth Amendment. This constitutional right, though not absolute, includes the right of parents to make medical decisions for their children. Currently in Ohio, there is no case law on the issue of vaccination orders, though it is likely not far off, as other states have already addressed the issue.

If legal custody (not to be confused with physical custody) is assigned to only one parent, that parent will have the power to make important decisions about their child’s life, including medical decisions, without having to consult with the non-custodial parent. If parents have joint legal custody of their child, there must be mutual agreement between the parties prior to making major medical decisions.

A parent can look at a prior court order – i.e., judgment entry of divorce/dissolution or parenting plan – to determine the type of custody he/she has and which parent is the primary decision maker for medical care. In some instances where the parents have joint legal custody, and they are unable to mutually agree on the decision, they are to defer to the recommendations of their child’s treating physician.

If parents are unable to resolve decisions regarding the medical care of their child, even with the assistance of a child’s treating physician, the parents can file a motion with the court to modify their parental rights and responsibilities, specifically, which parent is assigned with making medical decisions for the child. Orders affecting children are always subject to change in the future. Each issue has a different standard of review for determining whether a change is appropriate. In modifying which parent will make medical decisions for a child, the court will do a “best interests of the child” analysis.

Obviously, modification of parental rights through the court will take more time that an amicable decision. It will also cost the parent filing the motion in court costs and legal fees. Though it may not be easy, often the best option for parents with joint custody is to come to a mutually agreeable decision on the medical care of their children together.

If you are considering filing for divorce or need assistance navigating the process, please reach out to request a consultation or give us a call at 216-696-1422.

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