Across Alabama, families are being failed by a system that still defines abuse too narrowly.

 

While laws exist to protect children, they often fail when abuse is not physical. Psychological abuse, coercive control, and post-separation harassment continue unchecked—leaving children in harmful environments and protective parents without recourse.

 

Under the McLendon standard, parents must meet an extremely high burden to change custody—even when serious emotional harm is present. Courts prioritize stability—but what happens when that stability includes ongoing abuse?

The reality is this:

Children are being taught to endure harm because the system does not recognize it.

 

This Is What That Looks Like in Real Life

Parents report:

Losing jobs and housing due to harassment by the other party
Being dragged through repeated court proceedings designed to exhaust them
Being dismissed as “emotional” instead of recognized as trauma survivors
Being punished for reporting abuse in good faith

In some cases, parents are separated from their children for extended periods—not for harming them, but for trying to protect them.

Meanwhile, children are exposed to:

Manipulation and alienation
False narratives about a protective parent
Instability masked as “legal custody”

 

A Broken System Cannot Protect Children

 

Even more concerning:

Some courts cannot produce full transcripts of custody trials
Parents are left without the ability to appeal decisions
Accountability is lost where transparency is absent

Parental rights are fundamental rights. Children’s safety should never depend on whether abuse leaves visible marks.

 

The Solution: Eleanor’s Act (Attached below - sent to Senator Turberville)

•Core Provisions

A. Mandatory Judicial Training

- Annual continuing education on coercive control, post-separation abuse, and trauma-informed decision-making.

- Training approved by American Bar Association and state judicial oversight bodies.

- Judges failing to complete training are ineligible to preside over custody cases.

B. Standardized Abuse Screening Questionnaire

- Mandatory structured screening tool used in all contested custody cases.

- Completed by both parents and optionally reviewed by licensed evaluators.

- Covers stalking, harassment, isolation attempts, repeated filings, and threats.

C. Psychological Evaluations

- Required when custody is contested and allegations of abuse or instability are raised.

- Evaluations conducted by licensed psychologists or psychiatrists.

- Court-approved evaluator list, parent cost, and sliding-scale options.

- Findings reported to judge to inform custody decisions.

D. Drug Screening

- Required when substance abuse is alleged or has prior history.

- Results reported to the court for consideration.

E. Presumption of Parental Stability

- Stable housing, food provision, and no substantiated abuse create a presumption of fitness.- Temporary custody should not be removed without clear and convincing evidence of harm.

F. Recognition of Psychological Abuse as Domestic Violence

- Courts must consider emotional abuse, coercive control, harassment, and litigation abuse in domestic violence determinations.

G. Litigation Abuse Protections

- Define vexatious or abusive litigation.

- Repeated filings without merit or intended to harass are subject to dismissal or penalties.

H. Fast Review Hearings

- 3-6 month review hearings to evaluate parental stability and child wellbeing.

- Compliance with court orders assessed.

I. Harassment & Surveillance Behavior Clause

- Behaviors such as following a parent, showing up at workplaces, or monitoring movements are considered coercive control and factored into custody decisions.

J. Equal Parenting Clause

- Courts should favor continuing relationships with both parents unless evidence shows abuse, coercive control, or risk to the child.

4. Data & Accountability

- Guardian ad Litem reform: training in coercive control and trauma-informed evaluations.

Shorter Version;

We call on Alabama lawmakers to pass Eleanor’s Act, requiring:

Annual judicial training on psychological and emotional abuse
A standardized definition of non-physical abuse developed with the Alabama State Bar
Protections against litigation abuse
Safeguards for parents reporting abuse in good faith
Mandatory recording and preservation of all custody proceedings

 

Why This Matters

This is not rare.

This is not isolated.

This is happening across our state.

And behind every case is a parent who tried—and a child who deserved better.

 

Final Statement

This is something many parents have lived through for far too long. Myself included. It does not matter what you look like, your career, it does not discriminate. Change must happen now.

There comes a point where some parents no longer feel they can continue fighting—not because they don’t love their child, but because the system leaves them no safe path forward.

They are forced, not to give up—but to give in.

To step away—not out of abandonment—but to create peace for their child where the court would not.

It is unacceptable that a loving parent must remove themselves from their child’s life just to ensure that child has stability and relief from ongoing harm.

This is not justice. This is systemic failure.

Call to Action

We urge the State of Alabama to act now.

Protect children.

Recognize all forms of abuse.

Hold the system accountable.

 

Pass Eleanor’s Act.