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What can you do about parental alienation?

Castle Rock, CO |

I am the father of my 2 year old son. My soon to be ex wife and I are currently in a custody battle over our son. I have my son per our separation agreement for 9 months (September- June) for the school year and she has 3 months for the summer (June- September). My wife lives in the State of Virginia for her current occupation in the Air Force. She had come out here to visit our son sometime in January and ended up going against our agreement and took our son to the state of Virginia. I had filed for an emergency hearing to get him back in Colorado. The judge granted my wish and later in February we had a trial for abduction. She has previously accused me in court that I have beat my son, her and neglect my son's injuries. The judge had kept the child here because he recognized that

her testimony was false and had told her that day to no longer take him out of state unless the child's welfare is in actual danger.I have more info please just ask it would let me load anymore. Long story short he came back saying "Don't hit me daddy."

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Attorney answers 3

Best Answer
Posted

What I think you need to do now is not litigation related, because it sounds as if the litigation, at least for the moment, is over. You should get your son into a therapeutic relationship with a competent mental health professional. It sounds as though he is frightened and confused, and he needs someone who can help him settle down, and someone who can help you to help him.

www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

Posted

I am not clear on your facts. If you had a hearing and the judge said she could not take the child out of state then where did he "come back" from?

You also didn't indicate if there is another proceeding pending.

As for the question of alienation. It is possible to have any visitation by your wife ordered to be supervised only, which is the remedy for a parent who just won't obey the rules and may be doing things harmful to the child when they have the child. It sounds like either you need a contempt for removal of the child against the court's order, or a hearing to modify parenting time by requesting supervised visitation. Finally, it sounds like she should be paying child support to you. If so, if she is not current, then you can file a contempt on that issue as well, or use the county child services office to garnish her pay.

Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.

Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.

Good Luck
Jim
jim@NeighborhoodLawOffice.com

NOTICE— This answer is based upon a partial understanding of the facts and may not be relied upon as legal advice. It does not create an attorney client relationship between the writer and the attorney. It is provided for general information. You should always consult an attorney about your important legal rights.

Asker

Posted

He went out to mom for the summer per our agreement and returned to me on September 1. Everything seemed absolutely fine (potty training still is a bit of a struggle and of course little things picked up from mom that I would not have allowed, ex: he screams MINE for anything and we are working on manners again), until about a week ago when I was playing with Sean and he said, "Don't hit me daddy." At first I was shocked. How does my two year old know what hitting is? Then it seemed to be that he has learned to say this. Ever since then he's been saying this more frequently and strangely during Skype visitations with mom. This has become a concern and fear that she will come pick him up and make more false allegations against me for the custody of our son and to take him away. She has previously expressed she wants full custody and no visitations for me. She had tried to convince she could give him everything and I couldn’t. She makes 5 times the amount I do, but I STILL put my son first. I give him everything he needs in a stable home. I have always been battling to share custody of our son. I feel like this may be the beginning of Parental Alienation. Maybe just enough to at least pick him up legally against our agreement and continue to alienate me if she succeeds. I do not know what to do from here and am hoping to get answers and counseling for Sean because if this. I am keeping records of this behavior very well once I started to notice this and even did some research, but there isn't enough to help me with my son. I want to know if I need to do ANYTHING to help prove my innocence or even to help this to stop.

Asker

Posted

She pays 225 for child support until I can modify it

James C Underhill Jr.

James C Underhill Jr.

Posted

Hi, WE don't charge for consultations. I'm still not clear on several things. Best thing is to come in, bring all the current orders and discuss it with me. Thanks, Jim Underhill & Underhill, PC Veteran's Affairs Practice P.O. Box 371138 Denver, CO 80237 877-721-7111 303-302-1001 fax jim@UnderhillLaw.com www.UnderhillLaw.com

Asker

Posted

My main question is what do I need to do with my 2 year old son saying "don't hit me daddy."... I want to take precaution because I know she is obsessed with winning our son... How would I prove my innocence if he were to say this during Skype and she came to pick him up claiming I was abusing him?

Posted

I agree completely with what Mr. Geil has offered. Good luck to you an your son.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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