How Florida Courts Handle Parental Alienation in Custody Disputes

When parents separate or divorce, emotions often run high—especially when it comes to the wellbeing of their children. In some cases, those emotions lead to one parent attempting to undermine or damage the child’s relationship with the other parent. This behavior, known as parental alienation, is taken seriously by Florida courts because of the harm it can cause to children and the overall co-parenting dynamic.

Parental alienation is not always obvious at first. It can begin with subtle comments or behaviors that cause the child to doubt, fear, or resent the other parent. Over time, this may evolve into the child refusing contact, becoming emotionally distant, or expressing unjustified hostility toward one parent. For the targeted parent, this experience can be heartbreaking. For the child, it can be emotionally destabilizing and harmful to their development.

So how do Florida courts handle parental alienation in custody disputes? The answer depends on the specifics of each case, but judges have clear tools and authority to identify alienation, intervene, and—when necessary—adjust custody or timesharing arrangements to protect the best interests of the child.

What Is Parental Alienation?

Parental alienation involves one parent using tactics—whether intentional or not—to influence a child to reject the other parent. This might include speaking badly about the other parent in front of the child, preventing communication, interfering with scheduled visits, or making the child feel guilty for wanting to spend time with the other parent. In more extreme cases, a parent might fabricate stories of abuse or danger to alienate the child completely.

Importantly, Florida law does not have a specific statute named “parental alienation,” but the courts still recognize it as a factor when making custody decisions. Florida Statute §61.13, which governs parental responsibility and timesharing, requires the court to consider the best interests of the child and outlines numerous factors judges must evaluate—including each parent’s willingness to facilitate a close and continuing relationship between the child and the other parent.

Alienating behavior often directly contradicts this legal obligation, which is why it can influence a judge’s ruling in a custody dispute.

How Judges Identify Parental Alienation

Because children may resist contact with a parent for many reasons—including legitimate ones, such as abuse or neglect—it is important for the court to distinguish between alienation and estrangement. In estrangement cases, the child’s rejection of a parent is based on real harm or dysfunction. In alienation cases, the rejection is often based on manipulation, misinformation, or emotional pressure.

To make that distinction, Florida judges may rely on a variety of sources:

• Guardian ad Litem (GAL): A GAL may be appointed to investigate the family dynamic and report back to the court with recommendations. If they determine that alienating behavior is present, they will document it in their report.
• Mental Health Evaluations: Judges may order psychological evaluations of the child, each parent, or the family unit to assess whether alienation is occurring and to what extent.
• Testimony and Documentation: The court may review evidence such as emails, text messages, recorded conversations, or witness testimony that demonstrates efforts to interfere with the child’s relationship with the other parent.

Ultimately, the court must make a fact-based decision about whether the child’s resistance is unjustified and the result of alienating behavior. This can be a delicate and difficult process, especially when children have internalized the negative messages and are resistant to contact with the targeted parent.

Legal Consequences of Alienation in Florida

Once the court determines that alienation is occurring, it has several options for how to respond. Florida courts have broad discretion in custody and timesharing matters, and their primary focus is always on the child’s best interests.

If the alienation is relatively minor or recent, the judge may issue warnings to the alienating parent or modify the parenting plan to include safeguards that promote healthier communication and cooperation. For example, the court might:

• Require family therapy or reunification counseling
• Appoint a Parenting Coordinator to facilitate better co-parenting
• Order supervised exchanges or modify timesharing schedules
• Impose sanctions or fines for noncompliance with court orders

In more severe or persistent cases, the judge may go further. The court could significantly reduce or even eliminate the alienating parent’s timesharing rights if their behavior is found to be harmful to the child. In extreme cases, judges may grant the targeted parent majority or full custody if it is deemed necessary to protect the child’s emotional wellbeing and maintain a meaningful parent-child relationship.

It is important to note that courts do not take these decisions lightly. Judges understand that changing custody arrangements can be disruptive, especially if a child has been living primarily with the alienating parent. But if the court believes the child’s psychological health is at risk, intervention may be necessary.

How to Protect Yourself If You Are Being Alienated

If you suspect that your co-parent is attempting to alienate your child from you, it is important to act quickly and thoughtfully. Document all interactions and keep a detailed record of missed visits, communication issues, and any disparaging statements made in front of or to the child. If possible, communicate in writing so that there is a record of efforts to maintain a positive co-parenting relationship.

Talk to your attorney about your concerns. They can help you gather evidence, request court involvement, and advocate for protective measures. In some cases, early intervention through therapy or mediation may help prevent the situation from escalating.

Remember, the court is not only interested in your relationship with your child, but also in how you handle conflict. Stay calm, focused, and child-centered, even when your co-parent is not. Demonstrating your commitment to your child’s wellbeing will only strengthen your position in court.

Contact Taryn G. Sinatra, P.A.

If you believe parental alienation is affecting your custody case, the compassionate legal team at Taryn G. Sinatra, P.A. is here to help. We understand the deep emotional toll these cases take, and we are committed to protecting the parent-child bond while advocating for your rights in court. With extensive experience in high-conflict family law matters, our Boynton Beach divorce attorneys provide strategic guidance tailored to your family’s unique situation. Contact us today to schedule a consultation and take the first step toward protecting your relationship with your child.

Sources:

gabapsychiatrist.com/parental-alienation/?gad_source=1&gclid=CjwKCAjw47i_BhBTEiwAaJfPpnIIVtoJtMP6mbyz4dGAzT7tfsoYUXhMIR_oairpgRqZEDNP7ZD5VhoCzRcQAvD_BwE

psychologytoday.com/us/blog/magnetic-partners/202407/how-high-conflict-divorcing-couples-can-influence-children