Legal Question in Family Law in Virginia
Parental Alienation
My stepson (we have physical custody) has recently done a 360 with his attitude towards me. He has a constant attitude towards me and states he doesn't have to listen to me because I am not his mom as he rolls his eyes and walks away. He has never been like this with me � he is usually my shadow! Finally, I sat him down and questioned where this is coming from and he stated that his mom don't like me and she has told him that he doesn't have to listen to me and that I am mean so everytime I tell him to do something to respond with the way he has been. She tells him that she is going to sue me and so-forth. Is this considered parental alienation? What can be done about this legally? The original court order states that she is not to bash, belittle, etc.. and she continuously does this to him about me and his father.
2 Answers from Attorneys
Re: Parental Alienation
Your situation is common. One of the factors of custody is each parent's ability to foster a loving relationship between the child and the other parent. This includes a step parent! If Mom is bashing you or father to the child, she should be restricted. If a prior Court Order states that the parties are admonished from speaking badly about each other, then you could file a Show Cause for Contempt of Court for the Judge to apply some further terms (counseling, therapy, change of schedule) that might apply. If this is not specifically stated in a Court Order, then an extreme measure you might take is a Motion to Amend the Prior Court Order just so the Judge might issue such a direct admonission. It is not cheap to hire a competent attorney however, and I never reccomend going into a Courtroom without one. In Summary, Mother needs to be put under control and a clear message about the need to co-parent needs to be cemented into her brain. She could lose custody or other privileges if she persists. Good luck.
Re: Parental Alienation
These situations are frustrating and unproductive for the well-being of the child. Keep in mind that the Juvenile and Domestic Relations courts don't care about her and they don't care about you, they really only care about the kid and what she is doing is not in the child's best interests. She should be brought up on a Show Cause order and have to explain to the court why she is violating the court order. Good luck!
Shane Jimison
Richmond, Virginia