Suing for Parental Alienation and Time-Sharing Interference in Florida
If your ex is wrongfully withholding your child or brainwashing them against you, Florida courts can intervene through a Motion for Contempt. You file this motion at the local Circuit Court to request make-up time-sharing, attorney's fees, and, in severe cases, a complete modification of custody.
Step-by-Step Process to Fight Time-Sharing Interference in Florida
When a co-parent actively tries to destroy your relationship with your child, it is devastating. Whether you are dealing with a situation in Miami, Fort Lauderdale, or West Palm Beach, Florida law strongly favors the child having frequent and continuing contact with both parents under Fla. Stat. § 61.13. While Florida courts do not always use the psychological term 'Parental Alienation Syndrome (PAS),' they aggressively punish behaviors that constitute time-sharing interference. If your ex is withholding visitation, speaking badly about you to the child, or making false abuse allegations, you need to take swift legal action. Using our directory, you can find local attorneys to guide you.
Step 1: Proving Alienation with Text and Email Evidence
Judges need concrete proof, not just hearsay. The most critical step is gathering evidence of the interference. Save every text message, email, or voicemail where the other parent denies your court-ordered time-sharing or speaks disparagingly about you. Keep a calendar documenting every missed visit. Additionally, testimony from teachers, therapists, or neutral third parties who have witnessed the alienating behavior can be very powerful in court.
Step 2: Filing for Contempt of Court
If the other parent violates the parenting plan, your primary remedy is to file Form 12.960, Florida, Supreme Court, Motion for Civil Contempt/Enforcement. This motion is filed in the court that issued your original order, such as the Broward County Circuit Court, Fort Lauderdale. By filing for contempt, you are asking the judge to formally declare that your ex willfully violated a court order. If found in contempt, the offending parent could face fines, be ordered to pay your attorney's fees, or even face jail time.
Step 3: Requesting Make-Up Time-Sharing
Under Florida law, if a parent is wrongfully denied their scheduled time with the child, the court is generally required to award make-up time-sharing. This time must be at the convenience of the non-offending parent and similar in type to the time missed (e.g., if you missed a weekend, you get a weekend back). The judge at the Palm Beach County Circuit Court, West Palm Beach will issue an order forcing the alienating parent to surrender the child for these make-up periods.
Step 4: Modifying Custody Due to Severe Interference
In cases of severe and persistent parental alienation, a judge may determine that a complete change of custody is necessary. You would need to file Form 12.905(a), Florida, Supreme Court, Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief. Florida courts have consistently held that one parent's active interference with the other parent's relationship with the child constitutes a substantial change in circumstances. In Perez v. Fay, 160 So. 3d 459 (FL District Court of Appeal 2015), the court affirmed modifying custody and changing primary residence because the mother was actively alienating the children against the father.
How Much Does it Cost to Sue for Interference?
Filing a motion for contempt or modifying custody involves different costs based on the complexity of your case.
| Motion for Contempt | $0 to $50 | Often free to file a motion in an open case, or a small reopening fee. |
| Petition for Modification | $50 | Standard fee to reopen a case to permanently change custody. |
| Guardian ad Litem / Evaluator | $1,500 - $5,000+ | A court-appointed expert to investigate claims of alienation. |
How Long Does the Process Take?
A Motion for Contempt to enforce make-up time can often be heard within 30 to 60 days, depending on the local court's docket. However, filing a Petition to Modify Custody is treated like a brand new lawsuit. It involves discovery, depositions, and often psychological evaluations to prove alienation, meaning a final trial on modification could take 6 to 12 months.
Frequently Asked Questions (FAQ)
What is parental alienation in Florida?
It is a pattern of behavior where one parent manipulates a child to fear, disrespect, or reject the other parent without a legitimate reason.
Can a judge order my ex to pay my attorney fees?
Yes. If the court finds your ex in contempt for violating the parenting plan, Florida law allows the judge to order them to pay the attorney fees you incurred to enforce the order.
Should I stop paying child support if my ex withholds visits?
No. Under Florida law, you cannot withhold child support because you are denied time-sharing, and your ex cannot deny time-sharing if you fail to pay support.
Can I call the police if my ex won't give me the child?
You can request a civil standby, but law enforcement typically will not force a child transfer without a specific pick-up order from a family court judge.
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