Parental Alienation and Child Custody in South Carolina

Dealing with child custody in South Carolina often has a great toll on one’s mind. If the actions of one parent lead you to be alienated from your child then you will suffer from a long-lasting impact. It not only impacts you but disturbs your child and your relationship.

Whether you are seeking a divorce or your divorce has been finalized, your former spouse cannot malign your character in front of your child. They are required to follow the custody agreement that is essential for maintaining a relationship with your child. In 2018, around 22 million children had a parent who lived outside their household.

What Does Parental Alienation Mean?

The loss or damage of a relationship between a parent and a child is known as parental alienation. Managing your relationships with ongoing child custody in South Carolina becomes challenging. It can be due to many reasons including abuse, parent’s drug use, manipulation by another parent, or divorce. Parent alienation puts a huge strain on the relationship between the parent and child. It should be immediately addressed.

Often parental alienation occurs due to the actions of one parent against the other. The intention is to damage the relationship with another parent through the following actions:

  • Preventing communication between a child and the other parent
  • Telling negative things about another parent to the child or in front of the child
  • Preventing another parent or the child to spend time with each other

Parental Alienation & Child Custody:

The court considers the best interest of the child by considering all factors including parental relationships. The law requires the court to take the following consideration:

  • Each guardian’s efforts to establish and maintain a relationship between the child and another parent
  • Past and current relationships with the guardians
  • Whether or not the guardians involved the child in disputes

The court can choose to eliminate or limit a parent’s custody rights if the court determines that one parent caused the alienation of the child from another parent.

Proving Parental Alienation

Proving parental alienation is very challenging as mostly these actions are committed privately without the presence of a witness. However, children are allowed to testify by South Carolina law, if they can understand that they must tell the truth. Often family courts avoid placing children on the stand during battles for child custody in South Carolina.

You can always prove through documents such as any documented information for the time the other spouse cancels or misses in letting you spend time with your child. You can also show the documented missed phone calls. It is better to consult an attorney who will be able to establish a strong case and help you build a relationship with your child.

What You Can Do to Prove Parental Alienation

You can take action if your ex-spouse is attempting to alienate your child. Gather the evidence of parental alienation with the following steps.

Find Witnesses:

The witnesses include children’s parents as most likely one parent is the victim of alienation caused by another parent. Children are also witnesses of parental alienation and if there is a therapist involved then you can get additional proof.

If a teenager is experiencing parent alienation, they will be able to better comprehend the situation. However, they may not realize that it’s occurring or it’s wrong. If the conduct is habitual then the teenager may not perceive it as wrong.

A completely alienated teenager may not be a helpful witness. You will need to focus on evidence beyond your child’s testimony in this situation. If not completely alienated, teenagers can provide better proof than younger children.

Gather Documentary Evidence:

After finding witnesses who may testify, you should divert your attention towards collecting documentary evidence. It will be physical proof that alienation occurred. It involves several things including the other parents’ social media posts, communication between you and another parent, and the child’s written communication.

Hiring a Professional Attorney:

A family law attorney can help you gather the relevant evidence for a parental alienation case. It is very difficult to prove parental alienation and having the expertise of an experienced attorney is essential for your case. Your attorney will have hands-on experience with the laws of South Carolina.

Contact an Attorney:

If you think that you are at the risk of potential alienation or you have been alienated from your child, it is the right time to get in touch with our expert attorney for child custody in South Carolina. We will guide you through the process to prevent alienation. We are here to defend your parental rights and achieve a successful outcome.

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