Father Granted Full Custody Based On “parental Alienation” With No Evidence Now Incarcerated 7 Months And Children Deeply Traumatized. Need Advice On What To Do Next.

Hi everyone, I’m looking for advice or insight because my family has been through an extremely confusing and traumatic legal situation.

The father of my children made a parental alienation claim against me. There was no proof of alienation, and after months of observations it was even stated on the record that what was happening was not parental alienation but a normal maternal bond. Despite that, the judge still granted him full custody.

Shortly after gaining custody, the father was arrested and ended up incarcerated for 7 months. During that time, the stepmother withheld the children from me completely, even though I had the right of first refusal. I had to fight just to get them returned to me while he was in jail.

While incarcerated, the father was calling his wife daily but refused to call his own sons. Recently, after being absent for 6 months, he told the reunification counselor that he would “respect the boys’ choice” not to talk to him because at this point, they don’t want contact.

During his incarceration, he also wrote the GAL begging her to testify that his incarceration was somehow damaging the children, even though he was the one who chose not to contact them.

No one expected him to be released anytime soon… but he was. The boys found out a week ago and their reaction was heartbreaking. They immediately cried, froze up, started shaking, and went nonverbal. Their anxiety is through the roof.

I’m terrified that the court is going to try to force reunification again despite everything that has happened, and despite their emotional and physical reactions.

My questions: 1. How do I document and present the boys’ reaction in a way the court will take seriously? 2. Can the court still use the earlier “parental alienation” claim even though it was stated on record that it wasn’t alienation? 3. What should I expect now that he is back, given his incarceration and the withholding of the kids by the stepmother? 4. Is there anything I should be requesting from the court or GAL right now to protect the kids’ emotional safety?

I have an attorney, but the system has already failed the kids once and I’m trying to understand what I should be preparing for.

Any guidance or similar experiences would be really appreciated. Thank you.

Location: Florida