How does Florida law define parental alienation, and how does it affect custody decisions?

Florida managing attorney at Marble Law

Published May 21, 2025 · 4 min read

Key Takeaways

Florida defines parental alienation as behavior that damages a child’s relationship with the other parent through manipulation, false accusations, or interference.
Proving alienation requires strong evidence like logs of negative comments, missed visits, and attempts to turn the child against the other parent.
Courts take this behavior seriously and may reduce parenting time, modify custody orders, or require therapy to protect the child’s well-being.
A family law attorney can help you gather proof, prepare a strategy, and present a strong case if you believe parental alienation is happening.

How is parental alienation defined in Florida?

Florida courts recognize parental alienation as a pattern of behavior where one parent tries to damage the child’s relationship with the other parent. This can include:

Making false or negative comments about the other parent
Blocking communication or visits
Encouraging the child to reject or fear the other parent
Creating emotional pressure that makes the child uncomfortable around the other parent

These actions violate Florida’s legal expectation that both parents should support a child’s relationship with the other parent, and they can cause real emotional harm. If proven, courts may take corrective action to protect the child and the targeted parent.

How can you prove parental alienation in Florida?

To convince the court that parental alienation is taking place, you need strong documentation. Judges look for patterns, not isolated incidents. Here are some things you can do:

Document negative comments: Keep a record of specific dates and what was said. For example, note if the other parent tells your child, “your dad doesn’t care about you” or “your mom is crazy.”
Track false accusations: Save texts, emails, or other records that show you were wrongly accused of abuse or neglect.
Log visitation interference: Record every time your visits were canceled, calls were missed, or you were denied access without explanation.
Note emotional manipulation: If your child starts feeling guilty, scared, or overly anxious after being with the other parent, write down what you notice.
Capture perception-shifting tactics: Take note when the other parent twists normal parenting decisions to make you look bad, like saying “your dad won’t buy you anything” after you set a budget.
Prove relationship sabotage: Keep track of moments where the other parent schedules competing activities during your parenting time or keeps you out of important decisions and events.

The more consistent and detailed your records are, the stronger your case will be.

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How parental alienation affects custody decisions in Florida

Florida courts are clear: children have the right to a meaningful relationship with both parents, and alienating behavior goes against that principle.

If you can prove that parental alienation is happening, the court may take action:

Reduce parenting time for the alienating parent: Judges may limit that parent’s time if they believe it’s harmful to the child.
Question parental fitness: Florida law (see Florida Statute 61.13) prioritizes parents who foster good relationships between the child and the other parent. Alienation can make a parent look unfit.
Modify custody arrangements: If alienation is proven and serious, you can file a petition to change the custody order. Courts may shift timesharing or decision-making power.
Order therapy or intervention: The court might order reunification therapy, assign a guardian ad litem, or arrange for supervised visitation to repair the relationship.
Affect the final outcome: Judges may give more time or responsibility to the non-alienating parent in the final parenting plan.

Silhouette of a little girl with hands raised in the sunset

Florida courts are focused on what’s best for the child, which means protecting them from manipulation or emotional harm.

How a family law attorney can help in parental alienation cases

Parental alienation cases are difficult. They require strong documentation, a clear legal strategy, and a deep understanding of how Florida courts view parental behavior. A family law attorney with Marble Law can guide you through every step of the process, helping you gather evidence, prepare your court filings, and argue your case effectively.

They can also help you understand what judges are looking for and how to present your case in a way that keeps the focus on your child’s well-being. Whether you’re trying to protect your current parenting time or asking the court to make changes, working with a lawyer gives you the best chance of reaching a fair outcome that supports your child’s emotional health.