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How to defend against a parental alienation accusation

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MomRN0102

New member
What is the name of your state? Texas

What is the best way to defend against a parental alienation accusation?

I’ve been divorced a little over 4 years. We did not have a trial, rather my ex agreed to all terms on the day of our trial. In our custody agreement, I got sole physical and legal custody and he had supervised visitation. In order to be able to modify the agreement, he was to attend an anger management class, have a psychiatric evaluation, have a clean drug test, and attend therapy with our kid for a year. He was to visit our kid at a facility.

He originally refused to utilize a facility, so I included him in birthdays, holidays, and special fun things. It always ended up with us fighting, so in july of 2016, I said I couldn’t do that anymore and he’d need to visit kiddo at a facility. He then disappeared for 8 months.

When he re-entered our kid’s life, he asked about the supervised visits, and I said we’d need to start therapy first after such a long absence and would defer to the counselor on when visiting would be appropriate. After multiple visits, the counselor still said more therapy was needed before a visit would be a good idea; it felt like he was just taking out money without any progress forward, so I told my ex that I’d like to find another counselor and he said ok. While I was looking for another one, he asked again about supervised visits, so I sent all the necessary info to the facility. And then my ex didn’t contact us for about 4 months. At that point I was served with papers to modify the custody agreement.

He completed the anger management, but was asking to be released from the need for a psych evaluation. He was sent for a drug test, which was positive. The judge ordered he complete the psych evaluation, attend therapy with our kid, and set up supervised visits at a much more accessible facility.

When we reported back, his repeat drug test was still positive, but he got 4 unsupervised hours a week and was told to continue therapy.

Our kid has had a hard time with this, which is what I told the judge. He doesn’t really know his father and doesn’t trust him due to an act of neglect (which is what lead to his dad having supervised visits). I asked for things to go slowly and allow the therapist to help, and it’s going well. Our kiddo is doing better after seeing the therapist with his father regularly, and isn’t so freaked out by his father.

But now I’ve been served with a new motion. His father is claiming I have abused our kid by alienating him from his father. My ex is asking for sole custody and that I only be allowed supervised visitation at his discretion.

How do I defend myself? I don’t know how to prove I didn’t do something, and I’m very scared.

I’m sorry this is so merciless in length. Thank you.
 


TheGeekess

Keeper of the Kraken
Hire an attorney. Frankly, it seems that you have encouraged Son's relationship with Dad, but an attorney will be able to represent that without emotion, in a factual manner. Once you have an attorney, I would seek to have a GAL appointed to help express the best interests of the child to the court. Dad does not have a change in circumstances to justify a change of custody, but trust me, an attorney will be the best thing at this point.
 

MomRN0102

New member
Thank you!

I have an attorney, but she just keeps telling me not to worry and to look up things on the internet to help myself.

I’ve done that, but all I’ve come up with is stuff about keeping pictures of the other parent in your home. I have done that.

Another thing I found was about including the other parent in information about school, doctors, etc. I tried to do this, but my ex would accuse me of rubbing it in that I could do those things and he couldn’t. I’ve been trying now to give him more information, but he has told me he doesn’t want me to be the middleman and that all information should come from our kid. Our kid is only 8.

Is there anything else I could be doing.
 

LdiJ

Senior Member
Thank you!

I have an attorney, but she just keeps telling me not to worry and to look up things on the internet to help myself.

I’ve done that, but all I’ve come up with is stuff about keeping pictures of the other parent in your home. I have done that.

Another thing I found was about including the other parent in information about school, doctors, etc. I tried to do this, but my ex would accuse me of rubbing it in that I could do those things and he couldn’t. I’ve been trying now to give him more information, but he has told me he doesn’t want me to be the middleman and that all information should come from our kid. Our kid is only 8.

Is there anything else I could be doing.
You really are fine. Your ex is out of his mind to think that he has any hope of what he is attempting to do.
 

stealth2

Under the Radar Member
Have you provided ex with information as to the school child attends, contact info, etc.? Same with extracurriculars. I tried to make it so Dad had all the info and then it was up to him to avail himself. Keeps you out of the middle w/o requiring kiddo to be there.
 

MomRN0102

New member
Yes, I’ve told my ex that information, along with doctors info, etc. he’s listed on all forms as the other parent, although I often left the address blank, as I didn’t know his address. He’s moved 7 times in the past 4-5 years and didn’t always notify me of his new address.

Since we’re already involved in this issue, can I switch attorneys? I thought that was frowned upon when you’re in the middle of an issue.
 

not2cleverRed

Obvious Observer
Yes, I’ve told my ex that information, along with doctors info, etc. he’s listed on all forms as the other parent, although I often left the address blank, as I didn’t know his address. He’s moved 7 times in the past 4-5 years and didn’t always notify me of his new address.

Since we’re already involved in this issue, can I switch attorneys? I thought that was frowned upon when you’re in the middle of an issue.
You can switch attorneys.

You will have to come up with $ for a new retainer, the new attorney will bill you for the time it takes to get up to speed/become acquainted with the case, and the judge may or may not grant a continuance so that the new attorney has time to do this.

So, what do you think you current attorney is doing wrong?

Because it sounds like the attorney has a handle on the issue. Your ex has a vague accusation. Your child is alienated because the father did something bad enough for a judge to order supervised visits, and Dad has not exercised those visitations rights to the fullest. Dad has repeatedly refused to follow court orders (psych eval.) and has repeatedly tested positive for drugs. What's Dad got?
 

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