Alabama Gary P. Alidor Attorney at Law Alidor, Davis & Reid 4357 Midmost Drive Mobile, Alabama 36609 P.O. Box 16564 Mobile, Al 36616-0564 Phone: (251) 343-0848 Fax: (251) 343-0748 E-mail: alidor@AOL.com Admitted to practice Sept.27, 1968. Q. If you had a client that had a Psychological Evaluation done and all the evidence pointed to the strongest proof of PAS, would you tell the Judge you have a clear cut case of PAS or would you be more inclined to refer to Parental Alienation and just talk about the symptoms ? Either way I would like to know why you would go with that particular legal strategy. A. There are no cases in New Jersey that make reference to PAS as a syndrome. It's not in the DSM-IV. It would be a waste of time and legal fees to try to call it such - the courts DO recognize the power that a parent has over a child's mind and that would be the way to go about it. Q. A lot of parents that are fighting cases involving Parental Alienation Syndrome would like to know what's the specific statute that concerns a reversal of custody. Can you copy and paste the exact state statute and tell us what special circumstances need to exist in order to persuade a Judge? A. There is no "statute" that mandates a reversal of custody - pull Beck v. Beck (1980), the idea you're shooting at is in there and has been cited since then. Q. If your client wants their child to get a therapist for counseling, does the client need the permission of the other parent to take the child for treatment? A. If they have joint legal, both parents should be involved in the process. Q. What happens when two parents disagree on the selection of a doctor for therapy for their child? A. If it's a minor issue, Pogue v. Pogue - the custodial parent calls it. If it's a major issue, PT AT v. AT MS, a judge has to call it. Q. What is your experience with parental alienators and their level of cooperation in following the court orders? A. I've had courts switch custody after PAS was shown and was pervasive and the custodial parent kept violating orders. Q. Being in court before a judge many times, do you know how a judge will normally rule on an issue and do you advise your client of this predictable information? A. An experienced attorney who specializes in Family had better know how the various judges handle various issues, but there's no guarentees. With :knowing judges", it's more a matter of knowing whether the judge is careful and rule-oriented and/or whether he/she has a gender bias. Q. What is the strongest penalty a judge can impose on a parent that obstructs visitation (short of a change in custody)? A. I've seen counsel fee awards and threats of jail. Q. What would you advise a client to do, if you know that the other parent is going to try and block or obstruct their visitation rights – what would you tell them to do to prove it to the judge? A. Keep records. Make a police report - violating a custody or parenting time order is a 3d degree crime. If there's no restraining order(s) in place, get tapes of phone conversations. It's too complicated for an email and too important - building a record can be everything. Q. If a client cannot afford a psychological evaluation what advise would you give them to help them in the custody dispute? A. Keep building a record of interference, if the client is truly broke / indigent, try to get a court appointed and paid for expert. Back to Legal Opinions Directory