Table of contents:
- What is malicious parent syndrome?
- What are the signs of malicious parent syndrome?
- Malicious parent syndrome in court
- Malicious parenting examples
- What impact does malicious parenting syndrome have on child custody cases in Texas?
- What should I do if malicious parenting is suspected?
Fostering a strong parent child relationship with both parents is important in a child’s life. Good parenting also involves acting as a positive role model by treating others with kindness and respect. However, when acrimony over child custody grows and parents engage in acts of malicious parenting or spew false accusations about a child’s other parent, damage to the child’s well being may be inevitable.
What is malicious parent syndrome?
Originally referred to as malicious mother syndrome, malicious parent syndrome refers to situations of malicious parenting in which a divorced or divorcing parent deliberately aims to harm the other co parent. In some extreme cases, the offending parent may even mistreat their children to tarnish the reputation of the other parent.
Self-described as a “consultant, professor, scientist, therapist,” Dr. Ira Turkat introduced the term “malicious mother syndrome” in a paper he published in the Journal of Family Violence in 1995. In his paper entitled Divorce Related Malicious Mother Syndrome, Dr. Turkat provides a definition of malicious mother syndrome. (The terms malicious father syndrome and malicious parent syndrome would come later.)
In proposing the concept of malicious mother syndrome, Turkat defined it in the context of malicious behavior that occurs in relation to parents who divorce. (That being said, unmarried parents who don’t get along can certainly act maliciously, too.) According to Turkat, the definition of malicious mother syndrome involves the four major criteria described below.
What are the signs of malicious parent syndrome?
Things can get nasty during a divorce involving children but what elevates that nastiness to the level of malicious parenting syndrome? The signs of malicious mother syndrome that Turkat introduced in his 1995 definition of the phenomenon is based on the following criteria (written verbatim):
- “Mother who unjustifiably punishes her divorcing or divorced husband by attempting to alienate children from the father, involving others in malicious actions against the father, or engaging in excessive litigation;
- “Mother who specifically attempts to deny her children regular visitation with and access to the father;
- “Pervasive pattern of malicious acts against the husband that include lying to the children and others and violating the law; and
- “Disorder that is not specifically due to another mental disorder, although a separate mental disorder may coexist.”
Now, it’s hard to say what case or instance inspired Turkat to focus solely on mothers, but our firm’s legal professionals can tell you from experience that fathers have the same propensity for maliciousness that mothers do. Turkat and his colleagues who studied malicious mother syndrome psychology eventually realized this as well. In fact, the renowned psychologist published numerous gender neutral papers on malicious parent syndrome (1999), parental alienation (2002) and malicious parents related topics in more recent years.
Malicious parenting examples
According to Turkat’s definition from three decades ago, malicious parenting involves vengeful behavior of one ex spouse toward another that is related to custody proceedings of minor children during or following a divorce. As noted above, we all know parents who were never married can act spitefully during custody battles, too.
Examples of malicious parenting can be obvious and outrageous, like slashing the tires of the targeted parent or other criminal acts like stalking. One common example of such behavior is where one parent makes false accusations about the other parent (child abuse, substance abuse, etc.), in order to get the court to change child visitation or custody arrangements.
Some vengeful parents will also tell their child lies about the other parent, like “Daddy doesn’t love you,” or “You’re not safe at mommy’s house,” in an attempt to change the child’s perceptions of the other parent and alienate the child. Such acts can have long-term psychological consequences for children and won’t play well for the malicious parent if the other parent can provide evidence of such behavior in court.
Other examples where a parent engages in malicious behavior can be less obvious at first, then build over time. For example, the primary parent may start by being later and later for drop offs, then flat out deny child visitation to the non custodial parent as time goes on. Whether the court would view this behavior as malicious or not, parents can face legal consequences if they refuse visitation the court has ordered or violate possession schedules.
Malicious parent syndrome in court
In Texas, we rarely (if ever) hear the terms malicious mother syndrome, malicious father syndrome or malicious parent syndrome in court. However, as a child custody lawyer for nearly two decades, I can tell you with 100% confidence that people do strange things in the midst of a child custody case. Many parties find it difficult to deal with divorce and custody issues from an emotional perspective, which is totally understandable.
The emotional pressure parents feel during a custody dispute can lead some people to take extreme measures (sometimes out of character) to make the other parent’s life miserable, which may include depriving the other parent of access to their children. In some cases, those actions may even be described as malicious, which brings us to the topic at hand: malicious parent syndrome.
The way Texas family courts define parental alienation or parental alienation syndrome tends to be very similar to how Turkat defined malicious mom syndrome back in 1995. The criteria Turkat described—which some layman refer to as malicious mother syndrome signs or malicious mother syndrome symptoms—can also be used to describe different acts involving malicious behavior in a Texas child custody case.
What impact does malicious parenting syndrome have on child custody cases in Texas?
Family court judges take malicious parenting very seriously. In fact, if a party proves by way of clear and convincing evidence that malicious parent syndrome is an issue, the party responsible for the malicious parenting could risk losing their custody and visitation rights. If the case is extreme enough, a judge may even award the other parent sole custody in Texas, among other remedies.
Courts generally start by restricting access and requiring counseling
When malicious behavior is shown by clear and convincing evidence, you may see the courts start by giving the offending parent a slap on the wrist, then restrict or deny access if the behavior persists. Texas courts may also order the parties to engage in co-parenting counseling or high-conflict counseling. Oftentimes, judges will also order both parties to go to parenting seminars that educate participants on how to A) recognize the problem, B) diagnose the problem and C) curb the behavior.
Without clear and convincing evidence, you won’t have a case
If you’re reading this blog, you may be wondering how to prove malicious parent syndrome in court. Well, it’s important to keep in mind that clear and convincing evidence—e.g., texts, emails or videos displaying the behavior—is critical in proving cases of malicious parenting syndrome. Without it, you end up with hearsay and a he said-she said case that can’t be substantiated and is likely to go nowhere.
Malicious behavior could result in losing custody and visitation rights
Some people also ask, “Can you sue for malicious parent syndrome?” If you can prove a parent is acting maliciously, you can potentially use it as grounds to modify your current custody order. A parent may gain primary conservatorship or more parenting time based on evidence of malicious behavior—though that evidence would be used as a factor and not as a means to an end. A Texas family law attorney can explain how to approach your specific case if evidence of malicious behavior exists.
What should I do if malicious parenting is suspected?
If a parent believes malicious parent syndrome is occurring, our law firm highly recommends the parties engage in third party counseling at a very early stage—whether that be parenting facilitation or reunification if it is causing issues between a parent and child—along with consulting a child custody lawyer experienced with contentious custody cases. When possible, counseling with mental health professionals may help curb the behavior so things don’t escalate.
In addition, we generally recommend that parties vocalize concerns about the other parent’s behavior in a very fact driven way—whether it be by phone, text or email. Instead of calling the other parent a deadbeat or alcoholic or drug addict, it’s usually best to state the facts regarding what the child is saying and how the child is behaving. It’s important to keep your own hands clean when dealing with a malicious parent.
At this point, it’s also best to refrain from stating any conclusions and to make a point to try to get the other party’s take instead. Parents guilty of malicious behavior typically respond in one of two ways. Either they won’t respond at all, or they will respond but in a way that is as malicious as the behavior they have been exhibiting.
Parents who are NOT trying to alienate or act maliciously tend to want to find out why their child is upset, making concerning statements, resistant to spending time with both parents or otherwise acting out. Those parents also tend to be more open to counseling and getting to the root of any issues the child is going through. They want to work with the other parent to seek a resolution.
Unfortunately, some parents don’t have the good fortune to share kids with someone who wants to work things out. They are either getting no response or getting an ear full via text messages, voicemails, emails or other messages about their concerns.
Here’s the deal. What malicious and alienating parents often don’t realize is that records of their hostile messages—or their refusal to communicate—could be the evidence the other parent needs to help prove malicious behavior in court.
Contact a family law attorney if you need guidance about malicious parent syndrome
Sharing custody can be very challenging, especially if the other parent is intentionally trying to make you miserable or undermining your relationship with your child. If you live in the Dallas / Fort Worth area and have questions about child custody in Texas, we can help address concerns you might have regarding malicious parenting and other custody issues.
To schedule a confidential case review with a child custody lawyer at our firm, contact us. You can reach the Sisemore Law Firm by phone at (817) 336-4444 or connect with us online.
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