Malicious Parent Syndrome

Apr 14, 2025 | Blog, Child Custody, Family Law

Malicious Parent Syndrome, Parental Alienation, and Texas Family Law: What You Need to Know

Introduction

When parents separate, custody battles can become emotionally charged. But some conflicts escalate into harmful behavior that can have lasting consequences for the child. This is where Malicious Parent Syndrome (MPS) and Parental Alienation come into play. In Texas family law, these issues can significantly impact custody arrangements and parental rights.

What Is Malicious Parent Syndrome?

Malicious Parent Syndrome (MPS) describes destructive behaviors where one parent intentionally damages the child’s relationship with the other parent. While MPS is not officially recognized in the DSM-5, its effects are real and concerning.

Key Characteristics of Malicious Parent Syndrome:

Denigrating the other parent – Making false accusations or portraying them negatively.
Withholding visitation – Blocking access to the child under false pretenses.
Creating a hostile environment – Instilling resentment or fear toward the other parent.
Using the child as a weapon – Manipulating emotions for personal gain.
Lack of remorse – Showing no concern for the emotional damage inflicted.

Consequences for the Child:

Children caught in the middle of these situations may suffer from:

Emotional distress (anxiety, depression, self-esteem issues)
Strained relationships with the alienated parent
Difficulty forming healthy attachments in future relationships

Parental Alienation and Texas Family Law

Parental Alienation refers to any deliberate effort to damage the parent-child bond. Texas courts recognize parental alienation as emotional abuse and consider it when making custody decisions.

Legal Considerations in Texas Custody Cases:

Best Interests of the Child – Courts prioritize emotional and physical well-being (Texas Family Code §153.002).
Modification of Custody Orders – Courts may adjust custody under Texas Family Code §156.101 if alienation is proven.
Psychological Evaluations – Mental health assessments help determine the impact on the child.

Potential Legal Consequences for Alienating Behavior:

Loss of custody if alienation is severe
Reduced visitation rights
Court-mandated therapy to repair relationships
Legal penalties, including contempt of court for custody order violations

How to Address Malicious Parent Syndrome in Court

If you suspect Malicious Parent Syndrome or Parental Alienation, documentation is crucial:

Record evidence – Keep texts, emails, and observations that demonstrate alienation.
Seek professional evaluations – Therapists and parenting experts can provide assessments.
Gather witness testimony – Teachers, family members, or counselors can support claims.
Consult a family law attorney – A Texas custody attorney can guide legal proceedings.

Final Thoughts

Malicious Parent Syndrome and Parental Alienation can have devastating effects on children and families. While the Texas legal system does not define MPS as a formal condition, courts recognize parental alienation as a serious issue when determining custody. Understanding the warning signs and taking legal action can help protect the child’s well-being and ensure fair custody arrangements.

If you are facing custody challenges, seeking legal advice from a Texas family law attorney is an important step.

If you’d like to schedule a free consultation with us, then you can visit us at https://heimanlawfirm.com/

Parent Alienation

Apr 18, 2015 | Blog, Child Custody, Family Law

It is common for divorcing parents to feel emotions such as anger, betrayal, loneliness, and sadness. And, when those emotions are experienced and dealt with in healthy ways, those parents are good role-models for their children, showing them how to deal with those kinds of emotions in healthy ways. But, in some cases, parents, unfortunately, engage in behaviors that can be extremely harmful to their children: they cause (possibly severe and permanent) emotional harm to their children by attempting to alienate the children from their other parent.

This process is known as “Parental Alienation” which has been defined as “a constellation of behaviors whose intent and effect is to destroy the present and future relationship between a child and the alienated parent.”When confronted about his or her alienating behavior, the alienating parent typically responds with either denial of having said or done what is demonstrably the case; or with some justification for the behaviors, typically along the lines of “the children being entitled to hear the truth.” And, of course, that “truth” is always that particular parent’s perception of “The Truth.” And, that “truth” shared with the children invariably shows the child’s other parent in a negative light. The important thing is that whether the statements are, in fact, true, they are, nevertheless, harmful to the healthy emotional development of the children involved.

That harm may result in the parent-child relationship’s being negatively impacted by “Parental Alienation Syndrome”(PAS). Children subjected to a campaign of Parental Alienation usually do not develop emotionally in a healthy way. Rather, they may become emotionally stunted. They are the collateral damage of a campaign of hatred directed against their other parent. Almost certainly, damaging their own children is not the goal of the alienation. But, the results are clear that damaged children are one of the results of the alienation.

Accordingly, Parental Alienation is treated as Child Abuse. This means that parents who are found to be engaging in Parental Alienation may lose custody of their children. And, they may have their access to their children supervised. Further, these parents may not be able to see their children until and unless these parents undergo counseling to understand the dynamic of the harm which they are causing to their children (they usually believe, initially, that they are not damaging their children, but are, instead, “supporting” them).

As it should be, allegations of Parental Alienation are treated quite seriously by the courts. And so, If you are involved in a child custody case in which Parental Alienation is alleged by you to be occurring, or if those allegations are being made against you, then you would be wise to seek the assistance of a skilled Family Lawyer who has handled these types of case. In our experience, too many of the lawyers involved in these cases are ill-equipped to present, or to rebut, the allegations of Parental Alienation made in these cases. They do not put in the time to become educated about the dynamics of this type of child abuse. And so, they deprive the court of valuable evidence about the allegation of Parental Alienation. Less than ideal court decisions, then, may result.

Importantly, when Parental Alienation is occurring, or is alleged to be occurring, time is not your friend. In order to protect your parental rights, and your children’s rights, you must act quickly. According to the experts in Parental Alienation Syndrome, if PAS occurs, then the emotional damage can be permanent or long lasting.

Call us now for a free phone consultation

Heiman Law Firm – Frisco
2770 Main Street
Suite 179
Frisco, TX 75033
(214) 269-9601

Heiman Law Firm – Lewisville
405 State Highway 121 Byp
Ste A250
Lewisville, Texas 75067-4183
(469) 948-4764

Heiman Law Firm – Flower Mound
2201 Spinks Rd
Flower Mound, TX 75022
(469) 817-3273

We service the North Texas area including

Plano, Frisco, Flower Mound, Denton, Prosper, Lewisville, Little Elm, and the Colony.