Parental alienation is a significant issue in family law, particularly in Texas. It involves one parent manipulating their child to create hostility and distance toward the other parent, leading to emotional harm and conflict. In the context of a Texas family law case, understanding what parental alienation means is crucial. This behavior can impact custody decisions and influence the court’s view on what is in the child’s best interests. Exploring whether “parental alienation is illegal in Texas” and how it affects your case can help you address the issue effectively and work towards a resolution that prioritizes the well-being of your family.
In a recent 14th Court of Appeals decision out of Houston, a Mother appealed the final order of a trial court that awarded the Father a modification in child custody case. This case presented a unique set of circumstances that I thought would be interesting for you all to read about in one of our blog posts.
Let’s introduce the parties and their particular circumstances before we discuss what happened in the Court of Appeals.
Background of the Duffey Family
The case that we are going to discuss is Duffey v. Duffey (No. 14-16-00144-CV). The case involved a Mother, Father, and two children. The parties began their journey through our legal system in 2010 when Mother and Father got a divorce from one another.
The court’s Final Decree of Divorce in this case appointed Mother as the Sole Managing Conservator of the two children, while Father became a Possessory Conservator with supervised visitation rights. Despite Texas law’s presumption favoring Joint Managing Conservators, Father’s history of family violence led to this decision.
In 2012, two years later, someone accused Father of inappropriately touching one child. Mother responded by contacting the Department of Family and Protective Services and arranging therapy for their other child. During a therapy session, the second child also accused Father, compelling the therapist to report to the Department. Despite these allegations, Child Protective Services allowed Father’s supervised visits to continue while they investigated.
Mother Files a Modification and Father Follows Suit
Based on the aforementioned information, Mother filed a Modification in order to further restrict the contact the her ex-Husband would have with their children. Father filed a countersuit alleging that he had not been able to see his children over the prior year due to the Mother not allowing him contact with the children.
He alleged that it was only recently that he was able to have supervised visits with the children through a hosting facility for supervised visitation called Guardians of Hope.
Throughout the dual-modification case, Mother was contacting law enforcement about the allegations made against Father. She also took the children to a new therapist who also contacted the Department about what the children were saying about their father.
Ultimately when all of the investigations were concluded, there were no findings made against Father and the cases were closed.
Based in large part on the failure of the Department’s investigations to lead to any findings against the Father, Mother decided to have her case against the Father dismissed. However, Father’s modification case was still active and that case went to trial in front of the same judge who heard their divorce case.
The trial had extremely favorable results for the Father.
He not only became a Joint Managing Conservator of the children alongside Mother, but also gained the exclusive right to determine the primary residence of the kids.
This granted him a significant amount of rights and duties over the children, including the primary living arrangement with him instead of Mother. Additionally, the court ordered Mother to pay Father’s attorney fees and required her to provide child support going forward.
An Appeal by Mother Concludes Our Story
Mother disagreed with the decisions made by the judge and she appealed the case. Let’s walk through two of the more relevant issues that Mother presented and discuss what the Court of Appeals did in response to each.
Issue No. 1
Mother argued that during the trial the Father had answered a question whereby he basically admitted to sexual abuse against their daughter. The situation was that during the trial, Father’s attorney asked him why he thought the Mother had filed the modification in the first place.
Father stated that it was due to his having done something to the daughter. However, Father also testified that he did not harm or abuse the daughter and as a result, the Court of Appeals did not believe there to be enough evidence to support this argument. The Court of Appeals ruled that the trial court did not make an error in this regard.
Issue No. 2
Mother argued that in appointing the Father as Joint Managing Conservator, the court had made an error. The Court of Appeals observed that the trial court provided several reasons supporting the best interests of the children in naming the father a Joint Managing Conservator. Consequently, with sufficient evidence endorsing these reasons, the Court of Appeals overruled this point.
How parental alienation figures into our discussion is that the trial court agreed with Father’s assertions that Mother had been keeping the children from Father to an unreasonable extent and alienating them from him.
The allegations of sexual abuse were determined to be unfounded and without merit. While the children were attending counseling sessions, Mother did not follow the recommendations of the counselors. The Court of Appeals found that there was sufficient evidence to support the lower court’s decision that parental alienation did occur.
Questions about parental alienation and its effect on a family law case? Contact the Law Office of Bryan Fagan, PLLC
In conclusion, parental alienation is a pressing issue in family law cases in Texas, and understanding whether “parental alienation is illegal” is crucial for addressing this problem effectively. It requires proactive measures from the legal system, including increased awareness, timely intervention, and a focus on the child’s best interests. By prioritizing these efforts, stakeholders can work towards repairing damaged family relationships and mitigating the negative impacts of parental alienation, ultimately supporting a healthier and more balanced family dynamic.
If you have experienced parental alienation and would like to bring these actions to the attention of a court, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC today. Our office offers free-of-charge consultations where your situation can be addressed with one of our licensed family law attorneys. Consultations are always free of charge and are available six days a week.
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Other Articles you may be interested in:
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- Parental Alienation in Texas: What is it and What can it mean for your family?
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- The benefits of not immediately introducing your children to your new love interest after divorce
Law Office of Bryan Fagan, PLLC | Tomball, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it’s important to speak with one of our Tomball, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Tomball TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
