Parental alienation occurs when one parent badmouths the other parent to the child for the purpose of destroying the child’s relationship with the parent. The Indiana courts recognize that this conduct is harmful to the child and make a point of addressing it during custody proceedings. The court could order investigations, expert evaluations, or reunification therapy to address the damage done. The court’s primary concern is the child’s best interests, and the court believes that it’s in the best interests of the child to have both parents in their life. 

How do the courts determine that parental alienation is occurring?

The Indiana courts define parental alienation as a “pattern of behavior” in which one parent “systematically” tries to turn the child against the other parent. The courts believe that this causes emotional harm to the child. Parental alienation will be a factor that the court considers when determining child custody and visitation decisions.

To prove that parental alienation is occurring, the Indiana courts will pore over text messages and emails, listen to the testimony of close friends, relatives, and teachers, and in some cases, will elicit the help of an expert or Guardian ad Litem. 

Once proven, how do the Indiana courts address parental alienation?

The Indiana courts will consider evidence of parental alienation when making custody decisions. It is presumed that this type of conduct has a negative impact on the child’s well-being. It’s important, however, to remember that the courts will only consider a “pattern of conduct” or a “systematic campaign” to alienate the child. One instance of one parent badmouthing the other isn’t evidence that they’re trying to destroy the other parent’s relationship with the child. Ultimately, that must be proven. 

Once proven, the court will take proactive measures to ensure that the pattern of conduct does not continue. Legal remedies for proven alienation include:

• Enforcing parenting time – If the alienating parent interferes with the visitation schedule, the court can order make-up time for the alienated parent. This remains true even if the child expresses that they don’t want to spend time with the alienated parent, which is common in alienation cases. 
• Modifying custody – When the alienation is severe, the court could order a modification to the custody arrangement. Generally speaking, parental alienation suits the needs of the parent, not the child. The courts recognize it as selfish and harmful. They could grant the alienated parent more time with the child or change which parent has primary custody of the child. 
• Court-ordered therapy and co-parenting classes – An Indiana judge can require both parents to attend family therapy to repair the relationship or help address the alienating behavior. 
• Guardian ad Litem investigation – When there is substantial conflict between the parents, the court can order a Guardian Ad Litem (GAL) investigation. The GAL will investigate the alienating parent’s conduct and report their findings to the court. Their report will be used as evidence during the child custody hearing. 

Talk to a Danville, Indiana, Family Law Attorney Today

Chris Arrington represents the interests of parents during custody hearings. Call our office today to schedule an appointment, and we can begin discussing your concerns right away.