Hoffman, Larin & Agnetti | Trusted Family Law Attorneys Serving South Florida for Over 40 Years
In Florida, courts increasingly recognize parental alienation as a form of emotional abuse, where one parent’s manipulative behavior damages or destroys the child’s relationship with the other parent. Under Florida Statute §61.13, judges prioritize the best interests of the child, with strong emphasis on each parent’s ability to foster a close and continuing relationship with the other.
A Rising Concern in Florida Custody Cases
As courts lean toward 50/50 time-sharing, parental alienation has emerged as a growing concern in custody disputes. While equal parenting time is often ideal, it becomes problematic when one parent uses that time—or their influence—to erode the child’s bond with the other.
What Is Parental Alienation?
Parental alienation occurs when one parent uses psychological tactics or manipulative behavior to turn a child against the other parent. This can include:
- Badmouthing the other parent in front of the child
- Limiting contact or communication
- Telling the child they don’t have to follow court-ordered visitation
- Making false claims of abuse or neglect
- Creating guilt or anxiety when the child spends time with the other parent
Over time, these behaviors can damage or permanently destroy the parent-child bond.
A Rising Concern in Florida Custody Cases
Florida law prioritizes the best interests of the child and generally supports equal time-sharing between parents under Fla. Stat. §61.13. In 2023, changes to Florida law created a rebuttable presumption that 50/50 time-sharing is in the child’s best interests—unless evidence shows otherwise.
However, when parental alienation is involved, this presumption can be challenged. Judges may consider the alienating parent’s behavior a direct threat to the child’s emotional well-being.
Recent trends show that parental alienation is especially prevalent in teenage custody disputes, as teens may express strong preferences about which parent they want to live with—even if those preferences are the result of manipulation rather than genuine desires.
A 2023 study published in the Journal of Family Psychology reported that over 30% of high-conflict custody cases involve some form of parental alienation. And according to the American Bar Association, family courts are increasingly acknowledging the emotional abuse tied to alienation tactics.
How Florida Courts Respond to Parental Alienation
Courts in Florida may consider parental alienation as a significant factor in:
- Modifying a time-sharing agreement
- Ordering reunification therapy
- Restricting decision-making or parenting rights
- Appointing a guardian ad litem or parenting coordinator
Judges are particularly concerned with parents who do not foster a positive relationship between the child and the other parent. Florida law (Fla. Stat. §61.13(3)) requires courts to evaluate each parent’s willingness to encourage a close and continuing parent-child relationship.
In extreme cases, courts have even reversed primary custody based on proven alienation.
Recognizing the Warning Signs
If you’re concerned about possible alienation, look for patterns such as:
- Your child is repeating language that sounds scripted or influenced
- Refusal to visit or speak with you despite prior closeness
- One parent consistently violates the parenting plan
- The child expresses fear, anger, or hatred without a clear reason
If these signs are present, it’s critical to document everything—texts, emails, missed visits, or concerning statements.
Protecting Your Rights and Your Child
At Hoffman, Larin & Agnetti, we have decades of experience representing parents in complex custody disputes involving emotional manipulation and alienation. We can:
- Gather and present compelling evidence in court
- Petition for enforcement or modification of the parenting plan
- Work with child psychologists and parenting coordinators
- Advocate for therapeutic interventions or reunification strategies
Final Thoughts
Parental alienation can have long-term emotional consequences for children and families. Florida courts take it seriously—especially in the context of the state’s presumption toward shared custody. If you suspect that alienation is occurring, early legal intervention is key.
Contact Hoffman, Larin & Agnetti today at 305-653-5555 or email [email protected] to schedule a confidential consultation.
We serve clients throughout Miami-Dade, Broward, and the Florida Keys.
Protect your rights. Protect your relationship with your child.
